Date of Filing : 08/06/2022

Date of Judgement : 27/03/2024

Mrs. Monihar Begum, Hon’ble Member

                     BRIEF FACTS

Complainant had entered into an agreement of sale on 13/02/2015 with the opposite parties for purchasing of a self contained West facing third floor flat being No.3A, measuring more or less 660 sq.ft. super built up area 8including service area at Premises No.128, Maharani Indra Debi Road, Post Office &  Police Station – Parnasree, Kolkata 700 060 and District – South 24 Parganas within the limits of Kolkata Municipal Corporation Ward No.131 at a consideration of Rs.10,20,000/- (Ten  lakh twenty thousand) .

Complainant paid total Rs.7,20,000/- on or before the execution of agreement as booking money in respect of the said flat.

Complainant paid total Rs.17,80,000/- (Rs.10,20,000/- being the amount earnest consideration paid towards value of flat and Rs.1,50,000/- each paid towards stamp duty, registration and Lawyer’s fees Rs.20,000/-, separate electric meter Rs.10,000/- as security deposit and also Rs.80,000/- for extra work and Rs.5,00,000/- without any assigning any reason as provided in COPRA.) in respect of the said flat in question and proportionate share of land by making payment on different dates by issuing cheque, the details of which had been mentioned in Paragraph No.7 of the petition of the complaint. 

Opposite parties promised to complete the said flat and hand over the possession of same within 12 months of agreement i.e. by 12/02/2016.

Complainant was compelled to take possession in incomplete condition of the building (i.e. without any Building Completion Certificate).

Opposite parties did not provide copy of building completion certificate, copy of authenticated building plan, possession letter, execute and register the deed of conveyance, drainage and sewerage plan etc.. which will be necessary for effecting mutation in his name and also did not execute the deed of conveyance of the said flat inspite of taking Rs.7,60,000/- for miscellaneous purpose.

Complainant repeatedly requested the opposite parties for registration of deed of conveyance but opposite parties did not pay any heed to that request. At that time on 09.03.2017 though it is clearly mentioned that in the event , they are unable to give possession in stipulated time the purchaser will be paid Rs.5,000/- per month up to th date of handover of the possession.  As the opposite parties failed to comply with the request of the complainant, this case was filed by her against the opposite parties for supply of completion certificate and execution of documents etc.

OPs did not appear to contest the case.  So, it was heard ex parte against them.

The only point for consideration is whether the complainant is entitled to 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. The agreement for sale entered into between the parties on 13/02/2015 produced by the complainant revealed that complainant had agreed to buy the scheduled plot from the OPs for a consideration of Rs.10,20,000/-.  And also found from the agreement as well as the money receipts produced by the complainant that she already paid Rs.17,80,000/-.  Complainant had further claimed that OP delivered the possession of the scheduled flat in incomplete condition.

So considering the evidence and documents, it is found that complainant has made out his case for which he is entitled to reliefs in this case in the form of a direction upon the opposite parties to execute and register a deed of conveyance in respect of the flat in his favour and to complete the premises in all respect according to the sanctioned plan and providing Building Completion Certificate and Possession letter.

However, the prayer for compensation is not entertained.

Accordingly it is

                                                 ORDERED

That the instant complaint CC No. 328 of 2022 stands allowed exparte against the opposite parties.

Opposite parties are directed to execute and register the Deed of Conveyance in favour of the complainant in accordance with the agreement dated 13/02/2015.

OP No.1 is directed to complete the flat in all respect according to sanctioned plan and to handover the Building Completion Certificate and possession letter to the complainant.

The cost of such execution and registration of deed of conveyance shall be borne by the complainant subject to adjustment of the amount that he has already paid to OP No.1.

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

OPs are directed to comply with this order within a period of 45 days from the date of this order.

In default, the complainant shall be at liberty to proceed in accordance with law.

Directed and corrected by me

    Presiding Member