Date of Filing : 07/04/2021

Date of Judgement : 18/12/2023

Shri Sudip Niyogi, Hon’ble President

                                                                  BRIEF FACTS

Complainant had entered into an agreement with the OPs on 10/07/1994 in order to purchase one self contained residential flat of 500 sq ft covered area on the ground floor front portion of the schedule property at premises No.141 Sarat Ghosh Garden P.S. - Kasba presently Garifa, Kolkata, as mentioned in the schedule to the petition of complaint, at a consideration of Rs.1,00,000/-. According to the complainant, he was a tenant at the said premises and he wanted to purchase the said flat and paid Rs.1,00,000/- to the developer who is OP No.1. The possession of the said flat was also delivered to him and there after he is paying all the taxes etc..in respect of that flat.  He alleged that no document was executed and registered in his favour for his flat, so he filed this case claiming for relief in the form of a direction upon the OP to execute deed of conveyance and handover the completion certificate etc.. and cost of litigation.

One written version was filed on behalf of OP No. 2 to 5 only. OP No.1 did not appear, so the case was heard ex parte against him.

Point for determination is whether the complainant is entitled to any relief(s) in this case.

                                                                 FINDINGS

We have gone through the materials in record including the documents filed on behalf of the complainant.

On the prayer of the complainant, the petition of complaint was treated as evident on his part. OP No.2 to 5 who claimed to be owners of the land also filed their affidavit.

The agreement for sale dated 10/07/1994 reveals that complainant who agreed to purchase the scheduled flat at a consideration of Rs.1,00,000/- . 

The copies of Money Receipts issued on behalf of Sibham Construction showing payment of the consideration by way of installments.

Complainant also produced the copy of electricity bill in order to show his possession of the said flat.

The complainant is also found to have issued letter dated 08/01/2021 addressed to the OP to execute and register the deed of conveyance in respect of the said flat. But the same was not done by the OPs.

So going through the materials on record, we find the complainant was compelled to approach this commission for redressal and he has been able to substantiate his claim.

Accordingly, it is

                                                      ORDERED

That the complaint is allowed ex parte against OP No.1 and on contest against OP2 to OP5.

OPs are directed to execute and register one deed of conveyance in favour of the complainant in respect of the scheduled flat in accordance with the agreement dated 10/07/1994.

OPs are also directed to pay cost of litigation to the tune of Rs.5000/- to the complainant and also to supply one completion certificate.

OPs are directed to comply with this order within 45 days from the date of this order

If the said order is not complied with by the OP as aforesaid, the complainant shall be at liberty to take necessary steps as per law.        

Dictated and corrected by me

             President