CC filed on : 3.11.2017

Judgment : Dt.20.2.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of   C.P.Act, 1986 by Sri Ajit Chandra Saha alleging deficiency in service on the part of the opposite parties (referred OP hereinafter) namely (1) Sri Prosanta Sarkar and (2) Sri Monoranjan Das.

            Case of the Complainant in brief is that the Complainant entered into an agreement for sale on 20.08.2007 with the opposite party No.1 Developer (to be mentioned hereinafter as OP No.1) who had been empowered to develop a piece of land situated at Mouza – Raipur, J.L.No.53, in E.P.No.31A, S.P.No.27/10 in the C.S. Plot No.212/P(P), P.S.-Jadavpur within local limits of the Kolkata Municipal Corporation under Ward No.98, being premises No.55/31/1, Raipur Road, by constructing a multi storied  building thereon and to sell flats etc. to the purchasers,  by virtue of a development agreement executed on 21.04.2005 by and between the OP No.1 and the OP No.2 – land owner (to be mentioned hereinafter as OP No.2) who had also executed a power of attorney on 28.07.2005, in respect of a self contained flat measuring about 425 sq.ft. super built up area on the ground floor of the said multi-storied building (front side) at a consideration of Rs.2,70,000/-. The Complainant has stated that he had paid Rs.2,84,500/- to the OP No.1 towards consideration by installments on different dates as per terms of the agreement for sale dt.20.08.2007. It is further stated by the Complainant that it was agreed by the parties that the said flat would have been completed by September,2007 and thereafter possession of the said flat would be handed over and registration of deed of conveyance would be executed but fact  remains that after repeated request on 02.09.2009 the OP No.1 handed over possession of the said flat in incomplete condition but did not execute registration of deed of conveyance in favour of him. It is also stated that the Complainant had paid Rs.50,000/-. The Complainant has stated that finally he sent a letter dt.28.07.2017 through his Ld. Advocate but the said letter was returned to the sender. Hence, the Complainant has filed this case praying for direction upon the OP No.1 to complete the said flat building and make arrange for execution and registration in respect of the flat in question, to pay interest @ 3% p.a. on the consideration amount of Rs.2,70,000/- which is approximately Rs.15,000/- to pay Rs.50,000/- as spent for making the flat habitable and to refund Rs.10,000/- as paid in excess for consideration and also to pay cost of litigation as well as compensation.

            Notices were served upon the opposite parties but they did not turn up so the case was fixed for ex-parte hearing vide Order No.5 dt.11.1.2018. It appears from the postal remark “u/c” which implies unclaimed.

Decision with reasons

            The Complainant has claimed to have entered into an agreement for sale on 20.08.2007 with the OP No.1 in respect of a flat at ground floor of a building to be constructed at Mouza – Raipur, J.L.No.53, in E.P.No.31A, S.P.No.27/10 in the C.S. Plot No.212/P(P), P.S.-Jadavpur, ward No.98 of KMC, being premises No.55/31/1, Raipur Road at a consideration of Rs.2,70,000/- and paid the entire amount of consideration even in excess, to the OP No.1. The photocopy of the agreement for sale and money receipts support the averment made by the Complainant. Further, the unrebutted evidence on affidavit adduced by the Complainant proved that the Complainant is entitled to get the flat in question registered in his favour.

            Considering the circumstances, we are inclined to pass no order as to other relief as prayed for.

            In the result, the Consumer Complaint succeeds in part.

            Hence,

Ordered

            That the Consumer Complaint being No.CC/623 of 2017 is allowed in part on contest but without order as to costs.

The OPs are directed to execute registration of deed of conveyance in favour of the Complainant within two months from the date of communication of this order to them, alternatively, registration may be done through the machinery of this Forum after filing execution application as per provision of law.