Order No.7

dt.11-03-2016

            This is a complaint made by one Shri Joydeep Das against Shri Shyamal Pal praying for direction upon the OP to execute the deed of conveyance in respect of second schedule car parking space within a specific period in favour of the Complainant and also direction upon the OP to handover possession of the car parking space in favour of the Complainant and also prayer for direction upon the OP to handover the completion certificate and compensation to the tune of Rs.2,00,000/- another Rs.2,00,000/- for doing unfair trade, cost of proceedings Rs.20,000/- ,interest @ 2% on the awarded amount till realisation.

            In brief the facts are that Shri Joydeep Das is the purchaser in respect of one front side car parking space measuring about 150 sq.ft. at the ground floor as per the sanction building plan. Complainant paid the entire consideration money of Rs.2,00,000/- to Shyamal Pal the OP. On several occasion OP fixed the date for registration of sale deed in favour of the Complainant but it could not be done. Complainant was ready and willing for registration of the sale deed. On several occasion the Complainant requested to handover possession and to register the car parking but OP avoid it.

            As per agreement for sale OP is under obligation to execute the deed of conveyance in favour of Complainant but till today it has not been done. Complainant lastly on 18-11-2015 requested the OP to handover the possession of the car parking but of no use. Due to unfair trade practice of OP Complainant is in serious hardship. So, Complainant files this complaint with the prayers mentioned above.

            OP did not take any step after service of notice and so the case heard ex-parte.

            Complainant files a petition for treating the complaint as affidavit-in-chief. Complainant has filed brief notice of argument which is nothing but facts stated in the complaint petition.

Decision with reasons

            Main point of determination is whether Complainant is entitled to the reliefs which he has prayed. In this regard we find an agreement for sale between OP Shri Shyamal Pal and Joydeep Das the Complainant of this case.

            As per this agreement OP agreed to sale and to transfer a car parking of 150 Sq. ft. On the eastern front portion of the ground floor as per the sanctioned plan. The cost of the car parking is mentioned in the agreement is Rs.2,00,000/- . Memo of consideration annexed with the agreement for sale reveals that Shri Joydeep Das paid Rs.2,00,000/- to Shri Shyamal Pal.

            But  Shri Shyamal Pal is one of the son of Kamal Pal and who is son of Jyotsna Moyee Pal wife of Dhirendra Chandra Pal and she was the absolute owner of the property on which the building was to be constructed. The development agreement between owners and City Construction were entered and as per the development agreement this car parking was to go to OP Shyamal Pal and that is why he entered into agreement for sale with the Complainant.

            In the present case developer has not been made a party. Moreover, no document was filed to establish whether the agreed car parking was to fall in the portion of Shyamal Pal. However, as Shyamal Pal has not contested after service of notice it can be presumed that the car parking was to go to his allotee share. Accordingly, since the facts remain un rebutted and un challenged a direction is required to be given to OP to handover possession of car parking to the Complainant in terms of the agreement for sale and register deed of conveyance for the car parking in favour of the Complainant.

            So far the other prayer are concerned there is no material to substantiate those. Accordingly, other prayers cannot be granted.  

Hence,

ORDERED

Complaint and the same is allowed ex-parte in part.

OP is directed to handover possession of car parking to the Complainant within 3 months of this order and make a deed of conveyance and after 3 months handover of possession.

Complaint stands disposed of.