Date of Filing : 18/01/2022

Date of Judgement : 30/11/2023

Sri Sudip Niyogi, Hon’ble President

                                                                   Brief Facts

The facts of this complaint in short is that the OP purchased, by way of a registered deed of sale on 18/12/2008, land situated at Mouza Khanberia within P.S. Maheshtala, Pargana Baliya, the description of which, has been given in para No. 2 of the petition of complaint, from one Chandi Makhal and subsequently complainants appointed Sri Dipak Mondal, Proforma Respondent and Director of M/s. Dewan Developers Pvt. Ltd., a company incorporated under the company’s act, as his agent and authorized him to do all acts and deeds and also to enter into agreement for sale with intending purchasers, issue valid receipts and also to sign and execute the deed of conveyance etc.  The complainants on being approached, visited the office of the agent of OP on 8/12/2019 and made one un-registered agreement for sale to purchase one plot of land measuring about 2 cottahs, 8 chittaks being plot No. 27(C) at a consideration of Rs.4,12,500/-, out of which he paid Rs.1,65,000/- and balance amount would be paid by 48 monthly installments.  Subsequently,  complainants visited the said plot a number of times, but could not find any development work.  They also issued one notice through their Advocate on 6/11/2021 requesting the OP to perform their parts of obligations in terms of the agreement and also to receive balance consideration. But OP failed to comply with his request.  So, they filed the instant complaint, claiming several relief(s) in the form of a direction upon the OPs to handover the possession of the plot and execution and registration of a deed of conveyance in respect of the scheduled plot, an order of injunction restraining them in creating any third party interest in the said plot, compensation, cost of litigation etc. 

OPs did not appear to contest the case, so it was heard exparte against them.

Now, the point for determination is, whether the complainants are entitled to any relief(s) in this case.

FINDINGS

On the prayer of the complainants, the petition of complaint filed by them was treated as evidence on their behalf.  Besides that, they produced a copy of one deed of gift in favour of the OP by one Chandi Makhal, one agreement for sale dt. 8/12/2019 entered into between the OP, represented by his agent Proforma OP, and the complainants as purchasers.  They also produced copies of several money receipts and also the demand notice addressed to the OPs.

It is found that though in the petition of complaint it is stated that OP obtained the said property through purchase by way of a deed of sale, but the document shows that it is not a sale deed but a deed of gift in favour of OP, Nimai Chandra Makhal by Chandi Makhal. However, the agreement for sale dt. 8/12/2019 reveals that the complainants had agreed to purchase the scheduled plot for which they paid Rs.1,65,000/- in all on different dates as shown in Memo of Consideration attached with the agreement and also copies of money receipts .  We also find that the said agent of the OP i.e. the Proforma respondent undertook to develop the approach roads to the scheduled plot which the complainants wanted to purchase.  So, the hiring of services is also found to be there. 

OP and Proforma Respondent did not appear to challenge the contention of the complainant.  So, complainants are entitled to the relief(s) as prayed for.

Accordingly, it is

                                       ORDERED

That the instant complaint is allowed against the OP and Proforma Respondent exparte.

OP and Proforma Respondent are directed to handover the possession of the scheduled plot of land and also to execute and register the deed of conveyance in respect of the said plot of land in favour of the complainants in accordance with the terms of the agreement executed between the parties on 8/12/2019.

OP and Proforma Respondent are also directed to pay Rs.3,000/- towards cost of litigation to the complainants.

OP and Proforma Respondent are directed to comply with this order within 45 days from the date of this order, failing which, the complainants shall be at liberty to take necessary steps in accordance with law. 

Dictated and corrected by me

President