HON'BLE MR. SUDIP NIYOGI PRESIDENT FACTS The complaint case, in short, is that Ratan Roy since deceased who was the husband of complainant No. 1 and father of complainant No. 2 & 3 had during his lifetime entered into an agreement for sale in the year 2012 with the Opposite Parties for a 3rd floor flat (entire floor) measuring about 1288 sq. ft. super-built-up area and a car parking space measuring about 150 sq. ft. together with undivided proportionate share in the land etc. in the proposed building situated at Municipal premises no.129. Rajdanga Main Road, P.S- Kasba, Kolkata – 700107, to be constructed by the developers who are Opposite Party Nos. 4, 5 & 6 at a consideration of Rs.34,00,000/-. Opposite Party Nos. 1, 2 & 3 who are the land owners executed one registered general Power of Attorney in favour of the said Developers. During his lifetime, said Ratan Roy paid Rs.32,00,000/- towards consideration to Opposite Party Nos. 1, 2 & 3 but the said Opposite Parties did not complete the flat in accordance with the agreement and hand over the possession of the same along with car parking space to the complainants and also register and execute the Deed of Conveyance on receiving the balance consideration. Repeated request in this regard to the Opposite Parties fell flat. So, complainants alleged deficiency in service and malpractices on the part of the Opposite Parties. Now, by filing the instant complaint, complainants being the heirs of said Ratan Roy claimed for a direction upon the Opposite Parties for execution and registration of a proper deed of conveyance in their favour on payment of balance consideration and to deliver possession and if they failed, they wanted to get the same through the machinery of the commission and also prayed for Rs.2,00,000/- compensation and cost of litigation etc. Opposite Parties did not contest the case by making appearance though, the notice was issued to them. Now the point for consideration is whether the complainants are entitled to relief (s) as prayed for in this case. FINDINGS Complainants filed evidence on affidavit and also several documents namely, the original agreement for sale dated 09/01/2012 between the Opposite Parties and said Ratan Roy-the predecessor of the complainants, a copy of general Power of Attorney which was issued by the land owners i.e. Opposite Party Nos. 1, 2 & 3 in favour of the developers i.e. Opposite Party Nos. 4, 5 & 6. One copy of the Death Certificate of said Ratan Roy is also filed. Now, from the materials on record including evidence and the documents, it is clear that the predecessor of the complainants, Ratan Roy had entered into the agreement for sale on 09/01/2012 in order to buy the flat along with car parking space as mentioned in the second schedule to the said Agreement as also in the schedule to the petition of complaint. From the memo of consideration as shown in the said Agreement for sale, it is found that complainants made payment of Rs.32,00,000/- in all towards consideration and the balance amount of Rs.2,00,000/- is to be paid for the flat. As the Opposite Parties failed to perform their part in accordance with the agreement, they are liable to execute the deed of conveyance and handing over the possession in favour of the complainants on receiving the balance amount of consideration of Rs.2,00,000/-. During argument, Ld. Advocate for the complainants claimed construction of the flat has already been completed and the Opposite Parties kept the same under lock and key without making a deed of conveyance and handing over the possession in favour of the complainants. Therefore, we find the complainants have been able to establish their case and they are entitled to get the reliefs in this case. Besides an award of a direction for execution and registration of a deed of conveyance and handing over possession, complainants are also entitled to compensation of Rs.20,000/- for causing harassment and mental anxiety and cost of litigation of Rs.4000/-. Accordingly, it is ORDERED That the instant case be and the same is allowed ex parte against the Opposite Parties. Opposite Parties are directed to execute and register a Deed of Conveyance in favour of the complainants in respect of the scheduled flat as mentioned in the second schedule to the Agreement for sale dated 09/01/2012 and also deliver possession of the same to the complainants. This apart, Opposite Party Nos. 4, 5 & 6 are also directed to pay Rs.20,000/- (Rupees Twenty Thousand Only) for compensation and Rs.4000/- (Rupees Four Thousand Only) towards cost of litigation to the complainants. The aforesaid orders are required to be complied with by the Opposite Parties within 45 days from the date of this order, failing which complainants shall be at liberty to proceed in accordance with law and can make a prayer for getting execution and registration of the flat through this Commission. Dictated and corrected by me | 
