Hon’ble Mr. Ajeya Matilal, Presiding Member

          Today is fixed for final hearing of the case. The Ld. Advocate for complainant is present.

          This is an application u/s 17 of the C.P. Act, 1986 valued at Rs. 23,75,000/-.

          The fact of the case is in short like that the complainants entered into an agreement for sale dt. 09.10.2015 with the OPs being the developer/ vendors. The total consideration for the flat was 20,75,000/- for purchasing a 830 sq. ft. flat @ 2500 per sq. ft. which is mentioned in annexure A of the complaint being the agreement for sale.

          The complainants paid Rs. 20,00,000/- as earnest money to the OPs in different instalments through multiple cheques which would reveal from the memo of consideration of agreement for sale. The complainants being the purchasers gave several reminders for execution and registration of the sale deed before the A.D.S.R./ D.S.R Howrah but the OPs turned down their request. The OPs demanded that complainant that the complainant shall have to give Rs. 4,59,000/- as total fees including registration charges, stamp duty, service tax and other fees when the complainant asked the OPs to tell about the particulars of such fees,  the OPs denied to furnish details.  The complainants sent a legal notice through their Advocate on 30.12.2019 for registration of the flat and the OP replied to the said notice on 15.01.2020 and asked the complainants to pay extra charges and service tax which they could not justify. The copy of letter dt. 30.12.2019 and 15.01.2020 as annexed as annexure C. The complainants paid Rs. 20,00,000/- which is 96% of the total consideration money. The complainants are ready and willing to give the balance amount of Rs. 75,000/-. Although the OPs stated that they have already paid the service tax but being asked by the complainant they could not furnish any receipt/ Chalan regarding payment of service tax. But the OPs refused and neglected to execute deed of conveyance in favour of the complainants.

According to the complainants the cause of action of the case was arose on 09.10.2015 when the agreement for sale was executed and subsequently on 20.01.2020 when the OPs in their meeting at the office refused to execute the deed of conveyance. So, the complainant filed this case with a prayer for execution and registration of the sale deed, payment of Rs. 3,00,000/- as compensation and Rs. 10,000/- as litigation cost. The OPs did not contest the case by filing any W.V. So, the case proceeded ex parte against him.

The complainant no. 2 Anita Singh adduced evidence on affidavit on behalf of herself and the other complainant. The agreement for sale is annexure A. It appears from the memo of consideration of annexure A that total consideration of Rs. 20,00,000/- has been paid to the OPs. The legal notice served on behalf of the complainants dt. 30.12.2019 is annexure C. Reply to the aforesaid notice dt. 15.01.2020 given by the advocate for the OP is at running page 30 of the complaint in annexure C. It appears from the advocate’s letter dt. 15.01.2020 in the form of reply that the OPs admitted that the complainants paid Rs. 20,00,000/-, and a total consideration was Rs. 20,75,000/-. It is also admitted that the aforesaid agreement for sale was executed between the parties. Although the OPs alleged that they paid service tax but they did not file any scrap of paper in this regard. It would reveal from the agreement for sale that the committed date for delivery of possession was 30.11.2015.

On perusal of oral and documentary evidence adduced by the parties we are of the view that the complainants are consumer and there is deficiency in service on the part of OPs. So, the complainants are entitled to get relief as prayed for.

So, the case succeeds.

Hence it is ordered

The CC/105/2020 is allowed ex parte against the OPs with litigation cost of Rs. 10,000/-. The OPs are directed to execute and register a deed of conveyance in respect of the flat in question as mentioned in the agreement for sale dt. 09.10.2015 upon payment of balance consideration of Rs. 75,000/-, registration charges and stamp duty by the complainants and the OPs are also directed to pay compensation of Rs. 2,00,000/- within 60 days from the date of this order, failing which, the complainants will be at liberty to put the order into execution.

Let a copy of this order be handed over to the complainants free of cost.