Order no. 4
The case of the complainants in brief is that the complainants entered into an agreement for sale with o.p. no.1 on 30.11.14 and it was decided that the complainants would be provided with a self contained flat measuring about 400 sq.ft. situated at 44/2/H1, Biplabi Barin Ghosh Sarani, P.S. Manicktala, Kolkata-54 at 3rd floor consisting of two bed rooms, one kitchen cum dining, one bathroom, and one varanda. The complainants paid an amount of Rs.3 lakhs on installment by cheque and by cash. The complainants approached the o.p. no.1 on several occasions with the request to deliver the flat in question in spite of expiry of the period of handing the said flat to the complainants. But the o.ps. did not show any eagerness and ultimately the complainants lodgd a complaint before the CA & FBP, Govt. of West Bengal and in spite of receiving notice o.ps. did not appear before the CA & FBP, Govt. of West Bengal. Thereafter the complainants had to file this case before this Forum praying for direction upon the o.ps. to complete construction work of the building and delivery the same by execute and register the deed of conveyance after receipt of balance consideration money and also compensation and litigation cost.
In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded as ex parte against the o.ps.
In order to prove the case the complainants filed an affidavit on evidence stating inter alia that an agreement was entered into between the complainants and o.ps. and the complainants paid in part consideration price. The o.ps. in spite of expiry of the period of handing over the flat as per the terms of the said contract failed to provide the flat to the complainants for which the complainants had to file this case. In order to prove the case the complainants filed the agreement for sale as well as money receipts and affidavit on evidence wherefrom it appears that the complainants repeatedly requested the o.ps. to execute the deed of sale in respect of the said flat as well as deliver the possession of the said flat, but no action was taken on the part of the o.ps. for which the complainants had to file this case.
Since the evidence of the complainants has remained unchallenged, therefore we hold that the complainants will be entitled to get the relief as prayed for.
Hence, ordered,
That the CC No.201/2016 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to complete the construction work as per agreement and the possession of the said flat be delivered and also execute and register the deed of sale in respect of the flat in question in favour of the complainants after receipt of balance consideration amount and are further directed to pay to the complainants compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
