Date of Filing : 09/12/2020

Date of Judgement : 28/03/2024

Mrs. Monihar Begum, Hon’ble Member

                                                                   BRIEF FACTS

Complainant had entered into an agreement for sale with opposite parties for purchasing in respect of all that one bed room with bath-privy and kitchen measuring about 260 sq. ft. super built up area with undivided proportionate share of land at Premises No. 25A, Anjuman Ara Begum Row, P.O. Jadavpur University, P.S. Jadavpur, Kolkata Municipal Corporation, Ward No. 94, Kolkata – 700 033 at a consideration of Rs. 2,60.000/-. Thereafter the possession of the said flat was handed over to them on payment of the full consideration amount.

Opposite parties promised to register and execute the sale deed in favour of the complainant. Complainant repeatedly requested the opposite parties for registration and execution of the sale deed but OPs did not paid any heed to that request. As the OPs failed to comply with the request of the complainant this case was filed by the complainant against the OPs for registration of sale deed and execution of the document etc. in their favour and payment of compensation and cost of litigation.

Opposite parties did not appear to contest the case. So it was heard exparte against them.

Points for consideration:

Whether the complaint is entitled to 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.

Amongst the documents produced by the complainant, we find the copy of the agreement entered between the purchaser and proprietor of G.D. Construction namely Sri Pradip Kumar Das who was died on 31.08.2017 and after his death, his wife Sona Das , OP1 has been doing the business under the name and style M/s. G.D Construction, this apart, complainant also produced one copy of electricity bill issued by CESC. Developer admitted to have receive the amount of consideration on the purchaser and thereafter deliver possession of the said flat to them.  But the complainant alleged that the execution and registration of sale deed in respect of the said flat remain elusive. 

So on consideration of entire materials of this case, we find that complainants are entitled to get the sale of deed in respect if the said flat executed in their favour by the OPs and they are also entitled to cost of litigation to the tune of Rs.5,000/-.

Accordingly it is

                                                     ORDERED

That the instant case stands allowed exparte against the opposite parties.

The opposite parties are directed to execute and register the sale deed in respect of the schedule flat in favour of the complainant within a period of 45 days from the date of this order

Opposite parties are directed to pay the cost of litigation cost amounting to Rs.5000/- to the complainant during the aforesaid period.

If the said order is not complied with by the OP as aforesaid, the complainant shall be at liberty to proceed in accordance with law.

Directed and corrected by me

    Presiding Member