Date of filing: 10/01/2022                                                    

Date of Judgment: 05/12/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                                    BRIEF FACTS

Complainants had entered into an agreement for sale with the opposite parties on 29/04/1994 to buy one residential flat measuring 552 sq. ft. as described in the schedule at a consideration of Rs. 2,30,000/- as per agreement. The said flat was to be handed over within three years from the date of the said agreement. Complainants already paid Rs. 2,20,000/- towards the said consideration and the remaining of Rs. 10,000/- was to be paid at the time of handing over possession of the flat. The possession of the said flat was delivered to the complainants on 17/04/1995 but since then despite repeated request OP failed to complete the registration of the deed of conveyance in favour of the complainants. So complainants by filing this complaint prayed for an order directing the opposite parties to execute and register one deed of conveyance in their favour, payment of compensation and cost of litigation. This case was heard exparte as neither of the opposite parties appeared to contest the case.

Point for consideration is whether the complainants are entitled to any relief(s) in this case.

                                                                    FINDINGS

Complainants filed their evidence and also produced documents namely the agreement for sale dated 29/04/1994, money receipts showing payments of consideration and also the possession letter dated 17/04/1995. It is found that complainant had agreed to buy the schedule flat at a consideration of Rs. 2,30,000/-. They made the said agreement with OP No. 1 who is the developer in the ‘A’ Schedule property. It is also found that the complainants had got the possession of the schedule flat but the execution and registration of the deed of conveyance was not executed. According to complainants on repeated request by them opposite parties failed to make the deed of conveyance in their favour and that is why they approached this commission and filed the instant complaint for redressal. It is also found however the remaining amount of balance consideration of Rs. 10,000/- out of the total consideration of Rs. 2,30,000/-  is yet to be paid by the complainant.

So following our aforesaid discussion we opined that the instant complaint should be allowed in favour of the complainants. 

Hence it is

                                                   ORDERED

That the instant case is allowed exparte against the OPs. Opposite parties are directed to execute and register one deed of conveyance in favour of the complainants on receipt of the balance consideration of Rs. 10,000/- from them in accordance with the agreement dated 29/04/1994.

OP No. 1 is also directed to pay Rs. 5,000/- towards cost of litigation to the complainant.

The aforesaid order shall be complied with within 30 days from the date of this order failing which the complainants shall be at liberty to take step according to law. 

Dictated and corrected by me

President