Date of Filing : 04/07/2022

Date of Judgment : 29/04/2024

Mrs. Monihar Begum, Hon’ble Member

                                                                        BRIEF FACTS

Both the complainants  entered into an agreement for sale with OP No.1 & OP No.2 on 26/12/2013 in order to buy one self contained residential flat, measuring more or less 1400 sq.ft. super built up area being Flat No.6, on the first floor (1^st floor) on the South West Side, at premises No.4, Jadavgarh Colony–1, Police Station Kasba now Garfa, Kolkata–700 078, corresponding to the Postal Premises No. 1/12, Jadavgarh, Kolkata-700078 at a consideration of Rs.33,60,000/-(Thirty three lakh sixty thousand) payable as per terms & conditions as made in the agreement as described in the schedule to the petition of complaint. Accordingly, complainants made the entire payment of consideration by way of different mode on different dates.

After completion of the construction, the possession of their flat was also delivered to them on 02/11/2014 but no execution of registration of the deed of conveyance in respect of the said flat was done. Complainants sent one legal notice to the OP No.1 and OP No.2 through their Ld Advocate on 29.01.2019 and thereafter on several times over telephone and verbally requested them to execute and register the deed of conveyance in respect of the said flat but to no effect. The complainants who filed the instant complaint through their constituted attorney, prayed for relief in the form of a direction upon the OPs to execute and register the deed of conveyance in their names in respect of the said flat and also to pay compensation and litigation cost etc.

OPs filed one written version claiming that they are interested to make the registration and execution of the document, deed of conveyance in favour of the complainants. 

Now the point for determination is whether the complainants are entitled to any relief(s) in this case.

                                                                       FINDINGS

In this case, on the prayer of the complainants, the petition of complaint filed by them has been treated as evidence on their behalf and also filed several documents in support of their claim.

We have gone through all the materials on record.  The agreement for sale dated 26/12/2013 produced by the complainants revealed that they wanted to purchase the schedule flat at the building at a consideration of Rs.33,60,000/-.  They have also produced money receipts showing payment of entire consideration made to OPs from time to time.

Complainants have also further admitted OPs delivered the possession of the schedule flat to them on 02/11/2014.  So considering the evidence and the documents it is found that complainants have made out their case for which they are entitled to the relief(s) in this case in the form of a direction upon the opposite parties to execute and register a deed of conveyance in respect of the schedule flat in favour of the complainants and also to pay litigation cost.  However on consideration, the prayer for compensation is not entertained. 

Accordingly it is

                                     ORDERED

That the instant complaint stands allowed on contest against the opposite parties.

OPs are directed to execute and register the deed of conveyance in respect of the schedule flat in favour of the complainants in accordance with the agreement date 26/12/2013.  The cost of such execution and registration of deed of conveyance shall be borne by the complainants.

OPs are also to pay Rs.10,000/- towards cost of  litigation to the complainants.

The aforesaid order shall be complied within 45 days from the date of this order failing which the complainant shall be at liberty to take steps in accordance with law.

Directed and corrected by me

    Presiding Member