Date of Filing : 04/01/2021
Date of Judgement : 04/12/2024
Mrs. Monihar Begum, Hon’ble President In-charge
BRIEF FACTS
Complainant had entered into an agreement for sale with the OPs on 15/09/2015 for the purchase of one residential flat on the ground floor, measuring about 550 sq.ft., consisting of two bedrooms, one drawing-cum-dining room, one kitchen, one toilet situated at Premises No. 212, Ashutosh Colony, 1/3B, K.P. Roy Road, Kolkata – 700 078, Ward No. 105, P.S. Garfa, Dist. 24 Parganas at a total consideration of Rs.13,50,000/- (Rupees thirteen lakh fifty thousand) only. Thereafter, on 15/12/2015 physical possession of the said flat was handed over to the complainant on payment of the full consideration amount and proper money receipts were also issued against such payment.
OPs promised to register and execute the sale deed in favour of the complainant. Complainant repeatedly requested the OPs for registration and execution of the sale deed, but OPs did not pay any heed to those requests. As the OPs failed to comply with the request of the complainant, complainant filed this case against the OPs, for registration of the sale deed and execution of the document etc. in his favour and payment of compensation and cost of litigation.
On receipt of the notice, the OP No. 4 appeared and contested the case by filing written version. OP Nos. 1, 2 & 3 did not appear to contest the case. So, it was heard exparte against them.
POINTS FOR CONSIDERATION
Whether the complainant is entitled to get any relief(s) in this case.
FINDINGS
We have gone through the petition of complaint, evidence and also the documents produced on behalf of the complainant. Only OP 4 had filed questionnaires and replies vis-a-vis. We had also examined the entire materials on record and given a thoughtful consideration to the arguments advanced before us.
The complainant adduced the following documents :-
- Copy of agreement for sale dated 15/09/2015.
- Copy of development agreement dated 07/01/2015.
- Copy of money receipt.
- Copy of tax bill of the property.
- Copy of electricity bill.
in respect of the said flat. OPs delivered physical possession of the said flat to the complainant. But the complainant alleged that the execution and registration of the sale deed in respect of the said flat remains elusive.
So, on consideration of the entire materials of this case, we find that complainant is entitled to get the sale of deed in respect of the said flat executed in his favour by the OPs and he is also entitled to cost of litigation to the tune of Rs.8,000/-.
Accordingly, it is
ORDERED
That the instant complaint stands allowed on contest against OP No. 4 and exparte against the OPs 1, 2 & 3.
OPs are directed to execute and register the deed of conveyance in respect of the scheduled flat in favour of the complainant in accordance with the agreement dated 15/09/2015. The cost of such execution and registration of the deed of conveyance shall be borne by the complainant.
OPs 1, 2 & 3 are also to pay Rs.8,000/- towards cost of litigation to the complainant.
The aforesaid order shall be complied within 45 days from the date of the order, failing which, the complainant shall be at liberty to take steps in accordance with law.
Dictated and corrected by
Member
