This is a complaint made by one Ms Reema Basu, D/o Sri Pulak Basu against Sri Swapan Sur and Smt. Maujhuri Sur, praying for a direction upon the OPs to submit a draft Deed of Conveyance in favour of the Complainant and to execute and register the same and further order for payment of costs amounting to Rs. 12,00,000/- and litigation cost Rs. 50,000/-.

In a nutshell, case of the Complainant, is that, she entered into an Agreement for Sale with the OPs on 18-06-2013 to facilitate purchase of the schedule premises at a consideration of Rs. 7,00,000/-.  It is stated that the said property was mortgaged with UBI, Fariapukur branch, Kolkata.  It is claimed that Complainant herself liquidated the said outstanding on behalf of the OPs  by depositing requisite cash and accordingly, the bank issued “No Dues Certificate” on 10-10-2013.    It is stated that the Complainant repeatedly approached the OPs to execute and register the Deed of Conveyance of the schedule premises, but the latter turned a deaf ear to such requests.  Finding no other alternative, Complainant filed this case.

On the basis of said facts, complaint was admitted and notices served upon the OPs.  However, the OPs did not appear to contest the case.  So, the case was heard ex parte.

Decision with reasons

Complainant filed Examination-in-Chief wherein she recapped the facts stated in the petition of complaint.  Complainant also filed Brief Notes of Argument.

In order to substantiate her claim, Complainant filed photocopies of some documents, like, Agreement for Sale, one money receipt, cash deposit challans, No dues Certificate issued by UBI in favour of the OPs.

On a tour through the photocopy of Memo of Consideration on record, it appears that Complainant paid a sum of Rs. 2,00,000/- in cash to the OPs on 14-06-2013 and another sum of Rs. 1,00,000/- was paid through cheque on 27-06-2013. It is claimed by the Complainant that she deposited rest of the consideration money to UBI and ICICI Bank on different dates.  On going through the same, we find no mention of Complainant’s name or even her signature on any of the deposit slips that would convince us to accept her contention as gospel truth. Given the fact that, the money was deposited in cash and the receipts stand in the names of the OPs, we afraid, it cannot be ascertained with certainty that the money was paid by the Complainant herself, the claim of the Complainant to this effect notwithstanding. It is further claimed by the Complainant that she tendered a sum of Rs. 2,00,000/- for completion of the registration of Deed of Conveyance.  However, one wonders, what prompted her to deposit the same to the bank account of the OPs.  The Agreement for Sale, executed in between the parties, does not confer any such liability upon the Complainant to liquidate the outstanding due on behalf of the OPs.  In such circumstances, why the Complainant suo motu shouldered such responsibility remains unclear.

Be that as it may, fact remains that the bona fide of Complainant’s claim as regards deposit of Rs. 6,00,000/- to the bank account of the OPs cannot be ascertained beyond all reasonable doubt on the strength of photocopies of bank deposit slips that stand in the names of the OPs.  Thus, we cannot conclusively hold that the entire consideration money has been paid by the Complainant to the OPs.  That being the position, no order can be passed upon the OPs to execute the Deed of Conveyance in favour of the Complainant. Consequently, the Complainant is not entitled to other reliefs as well.

Hence,

O R D E R E D

That CC/122/2016 be and the same is dismissed ex parte against the OPs.  No order as to costs.