This is a complaint filed by one Sanjib Kumar Dutta against Shibdas Guha, Builder and Khokan Dutta, Sabita Ghosh and Mandira Sengupta, land owners, praying for a direction from this Forum upon the OP Nos. 2 to 4 to remain present before the registration office in order to complete the process of registration of the Deed of Conveyance and also for cost and compensation.
Facts, in brief, are that the Complainant, on 19-02-2014, executed an Agreement for Sale in respect of a Flat, measuring more or less 143 sft. Super built up area, consisting of one bed room and one attached verandah, situated at 2/128, Bejoygarh Colony, P.S. Jadavpur, Kolkata – 700 032 at a consideration amount of Rs. 4,25,000/-. The said Flat is one of the units of a newly constructed building that was constructed by virtue of a development agreement between Satya Ranjan Dutta, land owner, and Shibdas Guha, builder. Satya Ranjan Dutta subsequently died on 09-09-2014 leaving behind his two sons, namely, Sanjib Kumar Dutta and Khokan Dutta and two married daughters, namely, Sabita Ghosh and Mandira Sengupta. Complainant paid the total consideration money to the Builder and in turn the builder, handed over the possession of the Flat to the Complainant. It was assured by the Builder, prior to registration of the Flat in the name of the Complainant that he would bring all the four landowners to the registration office for execution and registration of the Deed of Conveyance in the name of the Complainant, but it did not happen as the OP Nos. 2 to 4 did not come forward to execute the registration deed in favour of the Complainant. Thereafter, the Complainant sent a legal notice dated 02-03-2016 through his Ld. Lawyer, Keshab Chandra Saha, but to no avail. So, the Complainant filed this case.
OP Nos. 2&3, by filing a written version, denied all the material allegations as made out in the petition of complaint and stated that they are not liable to sign the Agreement for Sale which was executed by and in between the Complainant and the Builder.
OP No. 4 filed written version denying all the allegations of the Complainant. Further, she has asserted that the Agreement for Sale, made between the Complainant and the Developer, is not binding upon her and so, she has prayed for dismissal of this case.
Complainant filed Affidavit-in-Chief against which the OPs filed questionnaire and then Affidavit-in-Reply was filed by the Complainant.
Decision with reasons
Main point for determination is whether the Complainant is entitled to the relief as prayed for in the petition of complaint.
First relief that the Complainant has prayed for is an order upon the OP Nos. 2 to 4 to remain present before the registration office for completion of the process of registration. Besides, he has also prayed for cost and compensation.
On perusal of the photocopy of the Agreement for Sale before this Forum, it appears that the date of Agreement for Sale is hand-written. Be that as it may, it appears that this Agreement for Sale has been signed by Sanjib Kumar Dutta, Complainant and Shibdas Guha, Builder. Significantly, it has not been signed by Satya Ranjan Dutta, since deceased, the original land owner in any of the pages. In our considered view, consequent thereof, neither Satya Ranjan Dutta, since deceased, nor his successors, i.e., OP Nos. 2 to 4 could be held liable to put their signatures on the Deed of Conveyance.
So far as grant of compensation and litigation cost is concerned, it is already held that since Satya Ranjan Dutta was not a party to the Agreement for Sale, his legal heirs cannot be held liable on any score. Simply by mentioning the name of Satya Ranjan Dutta in the Agreement for Sale, no liability can be imputed upon his heirs and accordingly, they cannot be held liable to pay cost and compensation to the Complainant over their reluctance to sign the Deed of Conveyance.
As such, the Complainant is not entitled to any of the relief as prayed for.
Hence,
O R D E R E D
that CC/144/2016 be and the same is dismissed on contest. Parties do bear their respective costs.
