Judgment : Dt.9.1.2018

Shri S. K. Verma, President

            This is a complaint made by (1) Sri Sankar Lal Das, son of Late Surendra Nath Das, 4/40, Bidyasagar Colony, Kolkata-700 047 and (2) Smt. Padmabati Das,  wife of Sri Sankar Lal Das, 4/40, Bidyasagar Colony, Kolkata-700 047 against Sri Saradindu Das, 12, Shaktigargh Colony, Kolkata-700 040, OP No.1, Smt. Mira Saha, wife of Anil Saha, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.2, Sri Dilip Kumar Saha, son of Late Paresh Chandra Saha, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.3, Sri Sushil Saha, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.4, Sri Sunil Saha, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.5, Smt. Arati Saha, wife of Late Panchanan Saha, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.6. Smt. Sima Gayen, wife of Samar Gayen, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.7, Smt. Soma Bose, wife of Sri Rajeev Bose, 3/98, Raipur Road, Sanghiti Colony, P.S.-Netaji Nagar, Kolkata-700 047, OP No.8 praying for an order directing the O.P. to execute and register the deed of conveyance in respect of flat measuring an area about 600 sq.ft. on the first floor of the building lying and situated at Mouza Raipur, J.L.No.33, E.P.No.148, S.P.No.150/151, CS Dag No.542, P.S.-Netaji Nagar, premises No.206/9, Raipur Road, KMC Ward No.98, Kolkata-700 047 and an order directing the OP to supply the sanctioned plan and the Completion Certificate of the building obtained from the authority also an order for compensation in favour of the Complainants for a sum of Rs.6,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that OP No.2 to 8 are the joint owners of the plot of land lying and situated at Mouza Raipur, J.L.No.33, E.P.No.148, S.P.No.150/151, CS Dag No.542, P.S.-Netaji Nagar. Complainants knew about the  construction of the flat and approached the OPs to purchase a flat for their residential purposes to sell one flat measuring about 600 sq.ft. Complainant has further stated that the building was under construction when the Complainant approached the OP. But the OPs had promised to handover the possession of the flat after completion of the building in all respect and to hand over possession of the flat after completion of the building in all respect and to provide the completion certificate within 120 days from the date of agreement. Complainants agreed to purchase the flat at a total consideration of Rs.10,00,000/- and entered into an agreement for sale dt.21.5.2012 with the OP No.1 being the developer of the said building and also  with the OP No.2 to 8 being the owners . Complainants further have stated that OPs represented by OP No.1 had entered into an agreement for development  with the OP No.2 to 8 with  view to construct a multi-storied building in the aforesaid premises and accordingly a power of attorney was executed in favour of the OP No.1 by the OPs No.2 to 8. The Complainants stated with the sale agreement, it was agreed that OPs will handover the flat within 120 days from the date of execution of the sale agreement. Complainant has also stated that in terms of the agreement for sale dt.21.5.2012 Complainant paid Rs.10,64,000/-. But despite performance of their part of contract, OPs delayed in handing over the possession in favour of the Complainants. OPs made illegal and unauthorized construction in the building and not complied the KMC rules. Thereafter, Complainant issued a notice. So, Complainant filed this case.

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

Decision with reasons

            Complainant filed affidavit-in-chief.

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

            In this regard, Complainant has filed copy of the agreement for sale and also copy of the receipts which reveal that Complainant paid the entire consideration money. Since the allegation of the Complainant remained unrebutted and unchallenged, we are of the view that Complainant is entitled to the reliefs as prayed for.

Hence,

ordered

            CC/478/2017 and the same is allowed ex-parte in part. OPs are directed to make conveyance deed within two months of this order in favour of the Complainant. They are also directed to pay compensation of Rs.30,000/- and litigation cost of Rs.10,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization.