Judgment  dated 27-07-2016

                This is a complaint made by Tarun Aich son of Tapan Aich and Smt. Priyanka Aich wife of Tarun Aich residing at 32, Bidhan Pally, P.S. Bansdroni Kolkata-700084 against Shri Sushanta Ghosh  OP No.1 son of late Ramani Mohan Ghosh P.S. Netaji Nagar,M/s. Millennium India Construction, P.S. Netaji Nagar, Debasish Sarkar & Samir Kumar Halder, Proforma OP praying for execution and registration of Deed of Conveyance in respect of the schedule property and direction to pay Rs.3,00,000/- as compensation, Rs.40,000/- as litigation cost.

            Facts in brief are that on 4/3/2011 OP No.1 entered into a development agreement with the owners Proforma OP. During construction owner offered to sale one flat on the third floor measuring about 400 Sq. ft. to the Complainant. Complainant paid Rs.6,00,000/- which was acknowledged by OP No.1. Complainant got possession of the said flat on 27/11/2014 but despite several request OP No.1 did not register the Deed of Conveyance in favour of the Complainant. So Complainant filed this case.

               On the basis of above facts complaint was admitted and notices were served upon the OPs. But since they did not appear, the case was heard ex-parte.

Decision with reasons

            Complainant filed brief notes on argument wherein he has stated the facts which he has mentioned in the complaint petition. Complainant has also filed evidence on affidavit and reiterated the facts mentioned in the complaint petition.

                Main point for determination is whether the Complainant is entitled to the reliefs as prayed for in the complaint petition.

           On perusal of the complaint petition it appears that Complainant is already in possession of B schedule property. He has prayed for a direction upon the OP No.1 only to make a Deed of Conveyance in his favour. However, on perusal of the agreement for sale it appears that Tarun Aich, Priyanka Aich and OP No.3 have signed the agreement for sale. Accordingly, OP No.1 is bound to make Deed of Conveyance in favour of the Complainant. So far as compensation of Rs.3,00,000/- and litigation cost of Rs.40,000/- are concerned, we do not find any detail in this claim and hence this cannot be allowed.

            Hence,

            O R D E R E D

            CC/167/2016 and the same is allowed ex-parte in part. OP No.1 is directed to make Deed of Conveyance in favour of Complainants within three months of this order. In respect of other prayers there is no ground to allow.