Date of Filing : 25/09/2020
Date of Judgement : 07/11/2023
Sri Sudip Niyogi, Hon’ble President
Brief Facts
Complainant had entered into an agreement with the OP on 15/9/2000 for purchasing a 600sq.ft. residential flat, being Flat No. 3 on the 3rd floor of premises at Nrisingha Dutta Road, Kolkata 700 008 as described in the schedule to the complaint at a consideration of Rs.4,00,000/-. He paid the entire amount of consideration to the OP developer. Complainant paid the amount partly by himself and partly by loan from HDFC Bank. On receipt of the said consideration, the developer handed over the possession of the flat to the complainant, to which he also got electricity connection from the CESC. Subsequently, the complainant requested the OP for completion certificate, possession letter and also for executing the deed of sale in his favour. But till date, OP did not comply with his request. As the complainant is facing problems and the OP is not complying with his request, he filed the instant complaint claiming several relief(s) from the OP. During the pendency of this case, the original complainant expired and his legal heir, being the present complainant, has been substituted. OP did not appear to contest the case.
So, the point for consideration is whether the complainant is entitled to any relief(s) in the instant case?
Findings
On behalf of the complainant, evidence and documents were filed. We have considered the same. It is found that on 15/9/2000, complainant had entered into a Memorandum of Agreement with the OP Developer for buying the scheduled flat at a consideration of Rs.4,00,000/-. From the evidence and also electricity bill issued by the CESC, it is found that subsequently the scheduled flat was delivered to the original complainant. It is further found that the complainant also repaid his housing loan to the HDFC Bank. Following the unchallenged testimony of the complainant and also the materials on record, we find that the complainant is entitled to a direction upon the OP for execution and registration of a deed of conveyance in respect of the scheduled flat and she is also entitled to compensation as she had to spend additional stamp duty because of the increase in the market value of the flat. She is also entitled to Rs.5,000/- as cost of litigation.
Hence, it is
ORDERED
That the instant case is allowed exparte against the OP.
OP is directed to execute and register one deed of conveyance in respect of the scheduled flat in favour of the complainant, in accordance with the agreement dt. 15.9.2000.
OP is also directed to pay compensation of Rs.20,000/- and Rs.5,000/- for cost of of litigation.
OP to comply with the aforesaid order within 45 days from the date of this order, failing which, the complainant shall be at liberty to proceed with accordance of law.
Dictated and corrected by me
President
