Judgment : Dt.17.8.2017

            This is a complaint filed by Smt. Prem Kumari Singh, wife of Late Ram Naresh Singh of 23 Pankajini Chatterjee Road, Calcutta-700 033 against – (1) Sri Sanjib Majumder, son of Sri Nanigopal Majumder of 23/E, Prince Baktiar Shah Road, Kolkata-33, OP No.1, (2) Sri Samir Majumder of 23 Pankajini Chatterjee Road, Kolkata-700 033, OP No.2, (3) Smt. Uma Mukherjee, w/o Saradindu Mukherjee of 37A, Prince Anwar Shah Road, Kolkata-33, OP No.3, (4) Ruma Ghatak, w/o Subhash Ghatak of 9, Prince Baktiar Shah Road, Kolkata-33, OP No.4, (5) Smt. Minoti Kushari, OP No.5, (6) Smt. Tania Karmakar nee Kushari, w/o Sri Subhasish Karmakar, OP No.6 and (7) Smt. Jinia Kushari, d/o Late Bhanu Ranjan Kushari, OP No.7 – 5, 6 & 7 are residing at 23 Pankajini Chatterjee Road, Calcutta-700 033, praying for a direction upon the OPs to execute and register the deed of conveyance in respect of schedule flat and also compensation of Rs.5,00,000/- and litigation cost of Rs.1,00,000/-.

            Facts in brief are that OP No.1 is a developer and used to do the work of construction. OP No.2 to 7 are owners and executed a development agreement with the OP No.1 and entrusted the property for construction of a multi-storied building. OP No.2 to 7 also executed a power of attorney in favour of the developer. OP No.1 agreed  to sell one flat at the premises No.23, 23 Pankajini Chatterjee Road, Calcutta-700 033 at a total consideration of Rs.11,25,000/- and an agreement for sale was executed on 12.4.2000. Complainant paid the entire consideration money and OP handed over possession on 16.3.2002. OP is under obligation to execute and register deed of conveyance. Complainant issued a letter for the purpose. But OP No.2 did not take any care and so the Complainant filed this case.

            OPs did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reason

            Complainant filed affidavit-in-chief wherein he has reiterated the fact mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            Complainant has prayed for a direction upon the OPs to execute and register a sale deed. Complainant has filed Xerox copy of the agreement which took place on 12.4.2000 between Sanjib Majumder and Sudha Rani Majumder and Prem Kumari Singh senior purchaser. Further, it appears that this agreement for sale have been signed by both the parties.

            Since the allegations remained un-rebutted and unchallenged, the Complainant appears to be entitled for relief of registration of deed in his favour. But, the question arises about the specification of the flat which is mentioned in schedule B i.e. entire 2^nd floor.

            Complainant has also prayed for compensation of Rs.5,00,000/-. There is delay of about 17 years in filing this case.

            As such, Complainant is not entitled to any compensation and also not entitled to any litigation cost.

            Hence,

ordered

            CC/170/2017 is allowed ex-parte in part. OPs are directed to make conveyance deed in favour of the Complainant within four months of this order.