Date – 02.11.2021
SRI SWADES RANJAN RAY
President
After receiving summon, Opposite Parties remained absent without any step, as a result, this complaint case is proceeded ex parte against Opposite Parties.
Facts of this case, in short, is that Complainants entered into an agreement for lease with the Opposite Parties who was entrusted to construct a new multi storied building in ease land. For this purpose, O.P.s are entered into a development agreement dated 12.06.2014 with the Original Thika Tenants namely Pravat Kumar Chanda and Champa Bose which was registered by the A.D.S.R., Sealdah being No. 1853 for the year 2014.. As per development agreement 40% of total area allocated for Thika Tenants and 60% allocated for O.P.s. The Thika Tenants who are not made party in this case also executed a registered General Power of Attorney in favour of O.P.s vide deed No. 1854 of 2014, A.D.S.R. Sealdah for construction of new multi storied building on the thika land.
Accordingly, Complainants entered into an agreement for lease with the O.P.s and the Original Thika Tenants namely Pravat Kumar Chanda and Champa Bose who are not made party to this case.
According to lease agreement dated 6th April, 2015, it was agreed that O.P.s would gave a flat measuring about 430 sq. ft. on the 2nd floor of the newly constructed building and total consideration money of ₹11,61,000/- will be paid by the Complainants in favour of O.P.s.
As per lease agreement, Complainant paid ₹7,40,000/- (Rupees Seven Lakh Forty Thousand only) through it was not mentioning in the petition of complaint but it was reflected in the money receipt dated 21.12.2016.
On receiving of ₹7,40,000/- O.P.s did not take step for delivery of possession of the said flat and execution of lease deed on receiving the rest amount.
Hence, this case,
Points for decision
- Whether complainant has any cause of action to file this case or not?
- Whether complainant is entitled to get any relief / reliefs as prayed for or not?
Decision with reason
In support of this complaint case, Complainant was filed
- Xerox copies of registered development agreement dated 12.06.2014 vide No. 1853 of 2014 executed before Additional District Sub-Registrar, Sealdah.
- (ii) Xerox copies of Registered General Power of Attorney dated 12.06.2014 vide No. 1854 of 2014 executed before A.D.S.R., Sealdah.
- Xerox copies of unregistered agreement for lease dated 06.04.2015.
- Xerox copies of Money receipt.
I have carefully perused the Petition of Complaint and its supporting documents wherein I do not find any reason to disbelieve the unchallenged documents.
It appears from money receipt that Complainants paid ₹7,40,000/- out of total consideration of ₹11,61,000/-.
Complainant will be entitled to get possession of the said flat on payment of rest amount i.e. (₹11,61,000 — ₹7,40,000) = ₹4,21,000/- and on receiving of ₹4,21,000/- by the O.P. No.-1 and O.P. No.-2, the O.P.s along with Thika Tenants namely Pravat Kumar Chanda and Champa Bose are duty bound to execute the lease deed for empowering the complainants for taking step for thika tenant under Kolkata Corporation. Not doing the same by the O.P.s, Complainants have a cause of action to file this case and Complainants will be entitled reliefs as prayed for.
In the result, this complaint case succeeds.
Court Fee paid correct.
All the points disposed accordingly.
Hence, it is
O R D E R E D
that the Complaint Case No. 81/2020 be and the same is allowed on ex parte against the O.P. No.-1 and O.P. No.-2.
On receiving the rest amount of ₹4,21,000/- (Rupees Four Lakh Twenty One thousand only) by O.P. No.-1 and O.P. No.-2 along with Thika Tenants namely Pravat Kumar Chanda and Champa Bose are directed to execute lease deed as per registered development agreement dated 12.06.2014 for giving them status of thika tenant under Kolkata Corporation or returned the money of ₹7,40,000/- (Rupees Seven Lakh Forty thousand only) in favour of Complainants within three (3) months from the date of order, in default liberty given to the Complainants to file Execution Case against the O.P.s for realization of the decreetal amount. In case of return of Complainants will entitle interest @ 5% per annum from the date of filing (13.03.2020) till the date of realization of the said amount i.e. ₹4,21,000/- (Rupees Four Lakh Twenty One thousand only).
O.P. No.-1 and O.P. No.-2 are directed to make payment of ₹5,000/- (Rupees Five Thousand only) for mental pain and agony in favour of Complainant.
Hence, this complaint case is disposed of accordingly.
Let a copy of this judgement be handed over to the Complainants at the free of cost.
