1. One Dev Kumar Das was the owner of 14 chattak of plot no. 650/1856 at 42, B.T. Road, under P.S.-Baranagar, Kolkata-700050 and he entered into an agreement with Raju Sikdar on 31.05.2011 with the development of the said land into a multi storied building and issued power of attorney on 24.04.2013 in favor of the developer who is the OP in this case. The complainant being in need of residential accommodation entered into an agreement on 02.06.2014 with the developer for purchasing a flat measuring about 500 sq.ft in the 1^st floor of the proposed building at Rs. 9,00,000/- and coughed up the said amount of Rs.9,00,000/-. It was agreed by and between them that the said flat would be transferred to the purchaser within 12 months. Although possession was delivered on 08.08.2014. The execution and registration of sale deed in favour of the complainant was not made for which the complainant has filed this case on 23.11.2020 seeking direction upon the OP for execution and registration of sale deed and also for payment of Rs. 50,000/- for compensation.

2. The OP did not file any W/V in spite of having received the notice as to the complaint for which the case has been heard ex parte.

3. In support of his case the complainant has filed copy of agreement, money receipts, evidence-in-chief, possession letter dated 08.08.2014 and BNA. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry impeccable evidential value.

4. From the documents referred above it is abundantly clear that for purchase a flat of 500 sq.ft. in the 1^st   floor of the proposed building of plot no. 650/1856 at 42, B.T. Road, under P.S.-Baranagar, Kolkata-700050 the complainant had parted with a sum of Rs. 9,00,000/- and consequently the developer had put him in possession of the newly constructed flat of 500 sq.ft. in the 1^st  floor of the proposed building on 08.08.2014 under a letter issued therefor. By issuing a letter on 01.12.2019 the OP had in these words or those, acquiesced in the claim of the complainant that the consideration money was fixed at Rs. 9,00,000/-. It is quite obvious from the material available on record that Rs. 9,00,000/- was paid by the complainant to the OP before 01.12.2019 and that the complainant being in possession of the flat in question since 08.08.2014 (i.e. date of issue of possession letter). The OP who was empowered by power of attorney dated 24.04.2013 to execute and register sale deed in respect to the flats of the building appurtenant to plot no. 650/1856 has not executed and registered a sale deed in favour of the complainant in spite of having received the full consideration thereof. Therefore, there should be a direction to the OP for execution and registration of sale deed. Since the complainant was put in possession almost long ago and since the value of the flat in question have increased in the meanwhile substantially the complainant should not be allowed to derive any compensation from the OP. That apart it appears from the record that the failure on the part of the developer in the matter of execution and registration of sale deed resulted from the expiry of the validity of power of attorney owning to the death of the landlord which took place on 17.10.2014. Therefore, there will be no order as to payment of compensation in favour of the complainant.

5. The case is thus disposed of with the following directions:-

The OP will execute and register the sale deed in respect to the flat measuring about 500 sq.ft. in the 1^st floor appertaining to plot no.650/1856, at B.T. Road, under P.S.-Baranagar, Kolkata-700050 in favor of the complainant within a period of 45 days hence. There will be no order as to compensation or cost.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT