This is an application u/s.12 of the C.P. Act, 1986.

            Briefly put, the facts materials to the case are that OPs 2 and 3   being the owners of a land measuring about 03 cottahs 03 chittacks and 02 sq. ft.  lying and situated at Mouza –Dakshin Behla under Dag No. 483 and Khatian No. 161 being KMC Premises No. 89 Talpukur Road, Kolkata-700161 within Thakurpukur PS and had appointed OP-1 to construct a multi storied building with an intention to sell out flats  to  intending purchasers. Complainant had entered into an Agreement for Sale dated  14.06.2017 with the OP-1 for purchase of a flat measuring  about 800 Sq. ft. built up area consisting of two bed rooms, one dinning cum kitchen, one toilet, one WC and one Balcony  on the 3^rd floor of the proposed building along with undivided proportionate share of land at a total consideration of Rs.19,00,000/-. Out of total consideration, complainant had already paid Rs.3,00,000/- to  the OP-1 against money receipt dated 14.06.2017.

            Further case of the complainant is that  he approached the pro-forma OP-4/Dewan Housing Finance Corporation Ltd. for housing loan to purchase the subject flat and the pro-forma OP sanctioned Rs. 14,10,000/-  to the OP-1 and an Agreement for Sale dated 29.07.2017 was executed and registered between the complainant and OP-1 in respect of subject flat. In terms of the registered Agreement for Sale dated 29.07.2017, the OP-1 is liable to deliver the subject flat within 07 months from the date of execution of the agreement for sale but the OPs failed and neglected to deliver the subject flat within the stipulated period. Despite several requests, the OPs did not deliver possession, execute and register Deed of Conveyance  in favour of the complainant.

               Finding no other alternative, the complainant issued legal notice dated 26.03.2019 to the OPs through his Advocate. Notice was unattended. The OPs 1 to 3 deliberately adopting   unfair trade practice and also deprive the complainant  from his lawful right and claims in  terms of the Agreement for Sale dated 29.07.2017. Hence, the complaint.

            The OPs despite publication of notice in the daily newspaper failed to file WV within the limitation period U/s 13 (2) of CP Act, 1986. No request for condonation of delay or extension of time for filing WV is made. Therefore, right of OPs to file WV is closed vide order dated  03.03.2021.

           In support of his case, complainant Subhasish Bose has tendered his evidence through affidavit. On perusal of consumer complaint, evidence adduced by the complainant coupled with documents annexed thereto, it would reveal that complainant and OP-1 had entered into an Agreement for Sale dated 14.06.2017 to purchase the subject flat measuring about  800 sq. ft. build up area consisting of two bed rooms, one dinning cum kitchen, one toilet, one WC and one Balcony  on the 3^rd floor of the proposed building being KMC Premises No. 89 Talpukur Road, Kolkata-700161 within Thakurpukur PS at a total consideration of  Rs.  19,00,000/-. Pursuant to said agreement dated 14.06.2017, complainant had paid Rs. 3,00,000/- to the OP-1 as an advance and balance consideration amount will be paid to the OP-1 at the time of execution and registration of  Deed of Conveyance. Letter dated 14.07.2017 reveals that pro-forma OP-4. DHFL sanctioned Rs. 14,10,000/-  in favour of  the complainant as house building loan. The OP-1 received the sanctioned amount of Rs. 14,10,000/- and also executed and registered Agreement for Sale.

              In terms of registered Agreement for Sale the OP-1 under obligation to hand over possession of the subject flat and also to execute and register Deed of Conveyance in favour of the complainant within 07 months. It is well settled that after making payment of maximum consideration amount, purchaser cannot wait indefinitely for having a roof over his head. In that perspective, when the OPs have failed to hand over and also execute and register  the Deed of Conveyance within the time framed and did not keep promise as per registered agreement for sale, this itself amounts to deficiency in service. It is well settled of law that parties are bound by the agreement and nothing can be added or detracted from agreement.

              On evaluation of materials on record, it is quite clear that  the complainant being a “consumer” hired the services of the OPs 1 to 3  in a disputed flat and the OPs have failed to keep their promise in handing over possession of the flat, execute and register Deed of Conveyance of  the subject flat in favour of the complainant  as per commitment within stipulated period and thereby deficient in rendering services within the meaning of section (2 (1) (g) read with sanction (2) (1) (o) of the CP Act 1986 . In the premises, complainant is entitled to get reliefs.

            In view of the above, the complaint is disposed off with the following directions:-

1. Complainant is directed to pay Rs.1,90,000/-  as  balance consideration in terms of  Agreement for Sale dated 29.07.2017 to the OP-1 within 45 days from the date of this order.
2. OPs 1 to 3 are directed to execute and register Deed of Conveyance in favour of the complainant within  30 days from the date of receiving of Rs. 1,90,000/-.
3. The OPs 1 to 3 are also directed to make payment of a sum of Rs. 5,000/- as cost of litigation in favour of the complainant within 45 days.

           We make it clear that the cost of such registration and stamp duty shall be borne by the complainant, in default; the complainant is at liberty to take recourse the machinery of the Commission for execution and registration of Deed of Conveyance.