MRS. MANJUSRI SARKAR CHOWDHURY MEMBER FACTS The Complainant’s case in short is that in order to buy one residential flat she entered into an agreement with the OPs for a flat of 420 sq. ft. @1700 per sq. ft. and the total consideration of Rs.7,14,000/- . She paid Rs.6,04,000/- as advance. The possession of the said flat was subsequently delivered to her. But the execution and registration of the deed of conveyance has not yet been done by the OPs, that is why, she issued through her Ld. Lawyer requesting the OPs for a deed of conveyance in her favour. As the OPs failed to comply with the said request, she filed the instant complaint praying for several directions including execution and registration of a deed of conveyance and making some finishing, renovation of the flat, compensation and cost of litigation. OP No.1 contested the case by filing a written version but did not file any evidence, however, he filed one brief notes of argument. OP No.2 & 3 did not contest the case, so, the case was heard ex parte against them. Pro forma OP No.4 also did not appear. POINT FOR CONSIDERATION Whether the Complainant is entitled to the relief as prayed for? FINDINGS Complainant filed evidence in chief on her behalf and also documents. We find here, two agreements have been filed: - one is dated 31.10.2012 where the parties are the Complainant and one Smt. Mala Chakraborty (both purchasers) and the developers who are OP No.2 & 3. The other agreement dated 08.06.2011 was made between the Complainant and the said Smt. Mala Chakraborty as purchasers and OP No.1 and pro forma OP No.4. In fact, OP No.2 & 3 who were the subsequent developers who ultimately completed the project. Both the purchasers, in fact, are found to be made parties in respect of their respective flats in the same agreement and both the flats agreed to be sold @1700 per sq. ft. So, the consideration of the flat of the Complainant would be Rs.7,14,000/- and the other flat would be Rs.6,04,000/-. The advance made by the purchasers jointly and incorporated in the memo of consideration in the agreements. In the agreement dated 31.10.2012, it was specifically mentioned that both the purchasers paid in total Rs.11,60,000/- towards total consideration for both the flats. According to the Complainant, she already paid Rs.6,04,000/- This contention of payment by the Complainant remained unchallenged. If that be so, Complainant is further required to pay Rs.1,10,000/- to complete the payment of consideration. As admittedly the possession of the flat already delivered to the Complainant, she is entitled to get an order for execution and registration of a deed of conveyance in her favour. No order in respect of her prayer for finishing the flat to make it habitable condition or renovate the same is being passed as sufficient evidence is not there to prove that the said actions are required at all. However, Complainant also should get Rs.10,000/- for compensation for mental pain and agony and Rs.5,000/- for cost of litigation. Accordingly it is ORDERED That the instant case be and the same is allowed on contest against the OP No.1 and allowed ex parte against OP Nos. 2 & 3. OP Nos.1 to 3 are directed to execute and register a deed of conveyance in respect of the flat on the 1st floor of the premises No.29/1/1B, Pottery Road, P.S. – Entally, Kolkata – 700015 within 45 days from the date of this Order on receipt of the balance consideration of Rs.1,10,000/- from the Complainant. The said OPs also to pay Rs.10,000/- (Rupees Ten Thousand Only) for compensation for mental pain and agony and Rs.5,000/- (Rupees Five Thousand Only) towards cost of litigation within the said stipulated date to the Complainant. The OP Nos.1, 2 & 3 are jointly and severally liable to comply with the aforesaid order. If the aforesaid order is not complied with the specified time, Complainant shall be at liberty to proceed in accordance with law. Dictated and corrected by me | 
