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 12/08/2015 with the opposite parties for purchasing of a self contained East facing third floor flat, measuring more or less 770 sq.ft. super built up area at Premises No.128(South Suburban Unit), Maharani Indra Debi Road, Post Office &  Police Station – Parnasree, Kolkata 700 060, District – South 24 Parganas within the limits of Kolkata Municipal Corporation Ward No.129 at a consideration of Rs.25,50,000/- (Twenty five lakh fifty thousand) .

Complainant paid Rs.26,00,000/- 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. 

The complainant was to give the flat of 770 sq.ft. in area.  But according to the plan annexed, the flat area was 660 sq ft. So the complainant is entitled to a refund of Rs.3,68,000/- i.e. amount of the excess area of  110 sq.ft. which according to agreement is @Rs.3,350/- per sq.ft.

Opposite parties promised to complete the said flat and hand over the possession of same within 12 months of agreement i.e. by 11/08/2016.

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 and copy of authenticated building plan, drainage and sewerage plan etc.. which will be necessary for effecting mutation in her name and also did not execute the deed of conveyance of the said flat inspite of taking Rs.1,50,000/- for stamp duty, registration and other fees.

Complainant repeatedly requested the opposite parties for registration of deed of conveyance but opposite parties did not pay any heed to that request. On 16/12/2020 complainant issued a letter through her Advocate requesting the opposite parties again. At that time on 21/01/2021, opposite parties by issuing a letter of reply through his advocate, demanded an extra amount of Rs.10,64,903/- for extra work and extra flat area.  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 context 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 12/08/2015 produced by the complainant revealed that complainant had agreed to buy the scheduled plot from the OPs for a consideration of Rs.25,50,000/-.  And also found from the agreement as well as the money receipts produced by the complainant that she already paid Rs.26,00,000/-.  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 her case for which she 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 her favour and to complete the premises in all respect according to the sanctioned plan and providing Building Completion Certificate and Possession letter. OP No.1 also to refund of Rs.3,68,000/- i.e. amount of excess area of 110 sq.ft. which calculated @Rs.3,350/- per sq.ft. also to pay litigation cost of Rs.5,000/-.

However, the prayer for compensation is not entertained.

Accordingly it is

                                                   ORDERED

That the instant complaint CC No. 327 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 12/08/2015.

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.

OP No.1 to refund of Rs.3,68,000/- i.e. amount of excess area of 110 sq.ft. to the complainant which calculated @Rs.3,350/- per sq.ft.  He is also to provide Building Completion Certificate or a copy thereof and possession letter to her.

The cost of such execution and registration of deed of conveyance shall be borne by the complainant subject to adjustment of the amount that she 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