Date of filing : 20.11.2018

Judgment : Dt.31.12.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Dr. Ajit Lal Guha alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) M/S Integrated Nest Makers (P) Ltd, (2) Abhijit Chakraborty and (3) Suday Ghosh.

            Case of the Complainant, in short, is that OP No.3 is owner of the schedule A property. With an intention to develop the property, he entered into a development agreement with OP No.1 being represented by its Director, OP No.2 to develop the said property and to raise a building. Complainant subsequently entered into an agreement to purchase the flat measuring about 875 sq.ft. described in the schedule B of the complaint from the OP No.1 at a total consideration of Rs.4,98,750/-. As per the terms of the agreement, Complainant has not only paid the said total sum of Rs.4,98,750/- but also has paid excess of Rs.1,45,500/-. Apart from this, the Complainant has paid an amount of Rs.1,03,750/- towards extra work of the flat. OP No.1 & 2 also received Rs.30,000/- for stamp paper and for registration purposes. The possession of the flat was handed over to the Complainant by OP No.1 & 2 on 9.6.2001. But, till today they failed to execute and to register the deed of conveyance. So, the present complaint has been filed by the Complainant praying for directing the OPs to execute and register the deed of conveyance in respect of the flat, to direct the OP No.1 & 2 to pay Rs.2,00,000/- only being the extra amount to be paid towards stamp duty and registration  fees, to direct the OP No.1 & 2 to pay Rs.1,03,750/- towards the expenses for the  extra work, to handover completion certificate of the building, to pay compensation of Rs.1,50,000/- and to pay interest @9% p.a. on the sum of Rs.4,98,750/- and further to pay litigation cost of Rs.50,000/-.

            Complainant has filed copy of the agreement for sale dt.3.5.1999, possession letter dt.9.6.2001 and several receipts showing payment of money to the OP No.1 & 2.

 On perusal of the record, it appears that notice was sent. But, no step was taken by the Ops and thus vide order dt.7.8.2019, the case came up for ex-parte hearing. So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

In support of his claim that the agreement was entered into between the parties to sell the flat as claimed by the Complainant and he has made payment of the consideration prices and extra amount of Rs.1,45,500/-, Rs.1,03,750/- towards extra work, Complainant has filed copy of the said agreement dt.3.5.1999 and several receipts showing such payments. A receipt is also filed dt.4.4.2001, wherefrom it appears that an amount of Rs.25,000/- has been received by the OP No.2 towards stamp papers indicating that the same was paid by the Complainant for the purpose of registration of the deed. Admittedly, Complainant is in possession of the flat in question. The possession letter has also been filed. Since, before this Forum there is absolutely no contrary material to rebut or counter the claim of the Complainant, Complainant is entitled to the execution and registration of the deed of conveyance in respect of the flat in his favour as per the agreement. However, so far as directing the OPs to pay Rs.1,03,750/- or Rs.2,00,000/- as prayed by the Complainant, the same cannot be allowed as it is the admitted case of the Complainant that the said amount of Rs.1,03,750/- was paid towards expenses for the extra work done. There is no specific document barring of Rs.25,000/- as referred to above that the sum  of Rs.25,000/- only was paid for the purpose of stamp papers. So, in such a situation, Complainant is entitled to the said amount of Rs.25,000/- as admittedly registration of deed is still not done. However, as the Complainant will have to pay the registration fees as per present market value of the property in question, he is entitled to the compensation.  But, it may also be pertinent to mention here that if at the relevant time when the money was paid by the Complainant towards the purchase of stamp papers, and the registration was not done, he ought to have taken immediate step to take legal recourse but he has filed the present complaint only in 2018. If he had moved before, Complainant would not have to pay the registration fee as per present market value. So, a total amount of Rs.70,000/- will be justified as compensation.

Hence

                           ordered

            CC/634/2018 is allowed ex-parte. OPs are directed to execute and register the deed of conveyance in respect of the flat in favour of the Complainant as per the agreement dt.3.5.1999 within three months from the date of this order. OP No.1 & 2 are further directed to return Rs.25,000/- and pay compensation of Rs.70,000/- to the Complainant within the aforesaid period of three months. OPs are also directed to pay an amount of Rs.12,000/- as litigation cost, within the aforesaid period of three months, failing which the entire amount shall carry interest @9% till realization.