HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

4/03.02.2010.

Appellant through Mr. Barun Prasad, the Ld. Advocate and Respondent Nos. 1 & 2 through Mr. Gobinda Prasad Roy, the Ld. Advocate are present.  Heard Mr. Barun Prasad, the Ld. Advocate for the O.P. No. 2 – Appellant and Mr. Gobinda Prasad Roy, the Ld. Advocate for the Complainants – Respondent Nos. 1 & 2.  It appears that the Forum was approached by the Complainants seeking relief of execution and registration of Deed of Conveyance and for delivery of possession of two flats agreed to have been purchased by the Complainants under an agreement entered into by and between Complainants and the O.P. No. 1 – Respondent No. 3.  The Ld. Advocate for the Appellant contended that his client is agreeable to execute and register Deed but as the possession of the flat is lying with the O.P. No. 1 – Respondent No. 3 the said direction for delivery of possession cannot be complied with by O.P. No. 2 – Appellant.  The Ld. Advocate for the Complainants – Respondent Nos. 1 & 2 could not dispute the said contention.

After considering the respective contentions as also perusing the materials on record it appears that in paragraph 8 of the complaint itself it has been stated by the Complainant that as per agreement the O.P. No. 1 being the Developer agreed to deliver the peaceful vacant possession of the two flats to the Complainant.  There is no material justifying not accepting said allegation of the Complainant.  Agreement also supports such contention.  Therefore, we are of the opinion that the impugned order requires modification only in respect of delivery of the vacant and peaceful possession of the flat as the same has to be don by O.P. No. 1 – Respondent No. 3.

In the aforesaid circumstances the impugned order is modified with the following direction.  Complaint is allowed.  O.Ps being the developer and land owner are directed to execute and register of the Sale Deed of the two flats in the 2^nd Floor of the building in favour of the Complainant and O.P. No. 1 – Respondent No. 3, Developer is directed to deliver the vacant and peaceful possession of the said two flats to the Complainants.  Both directions are to be complied with within 60 days from the date of this order failing which the O.P. No. 1 – Respondent No. 3 shall pay @ Rs. 100/- per day thereafter to the Complainants till compliance of the order.  O.P. No. 1 – Respondent No. 3, Developer shall also pay Rs.2,000/- as compensation to the Complainants for causing harassment.

With the above modification of the impugned order the appeal is allowed in part.  There is no order as to cost.