Date of Filing : 05/04/2023
Date of Judgement : 30/07/2024
Smt. Monihar Begum, Hon’ble President-in-Charge
BRIEF FACTS
The petitioner had made an agreement for sale on 28.05.2019 with OP in respect of one self contained residential flat measuring about 200 sq.ft. super built up area more or less on the ground floor situated at Kolkata Municipal Corporation Premises No.53, Jainuddin Mistri Lane, under Municipal Ward No.82, Post Office: Alipore, Police Station - Chetla, Kolkata – 700 027, District - South 24 Parganas at a consideration of amount of Rs.6,00,000/- (Six lakhs) only and out of which the petitioner initially paid Rs.3,00,000/- which was duly acknowledged by issuing valid receipt to that effect by the said OP. OP also agreed to deliver the said flat to the petitioner within 30 months from the date of execution of the agreement for sale.
OP failed to handover the possession of the flat as well as registration of Deed of Conveyance. Petitioner on several occasions requested the said OP to execute and register the Deed of Conveyance in favour of her on receipt of balance consideration of Rs.3,00,000/-, alternatively to return the earnest money of Rs.3,00,000/- with 30% interest but the OP had the intention to deceive and defraud the petitioner withholding the said amount of Rs.3,00,000/- ( three lakhs) only and the said acts and conducts on the part of the OP amounts to deficiency in service and unfair trade practice. As the OP failed to comply with the request of the petitioner, this case was filed by her against the OP.
OP did not appear to contest the case, so it was heard exparte against him.
The only point of consideration is whether the petitioner is entitled to get relief(s) in this case.
FINDINGS
We have gone through the petition of the complainant, evidence and also the documents produced on behalf of the petitioner.
- Agreement for sale dated 28.05.2019.
- Money Receipts with Acknowledgement Receipts
- Letter dated 14.02.2023 written by Ld Lawyer/Ms. Antara Chatterjee to the OP.
It was further found that OP admitted the amount having been paid to him by the petitioner but he had failed and neglected to comply within the stipulated period as per agreement for sale dated 28.05.2019.
Petitioner claimed possession, execution and registration of the Deed of Conveyance of the flat alternatively refund of the said amount from the OP as per agreement for sale.
We think, considering the materials on record, petitioner is entitled to get the said flat with execute and register the Deed of Conveyance alternatively she is entitled to get refund of the said amount along with interest @9% p.a. from the date of agreement i.e. 28.05.2019 and also entitled to get Rs.30,000/- for compensation and Rs.8,000/- for litigation cost. OP is liable to pay the said amount
Accordingly it is
ORDERED
That the instant complaint case is allowed exparte against the OP.
OP is liable to pay the entire amount.
OP is directed to give possession and execute and register the Deed of Conveyance in favour of the petitioner in accordance with the agreement dated 28.05.2019 on receipt of balance consideration of Rs.3,00,000/-
Alternatively petitioner is entitled to get refund of Rs.3,00,000/- along with interest @9% p.a. from the date 28.05.2019 to the petitioner within 30 days from the date of this order.
OP is also directed to pay Rs.30,000/- for compensation and Rs.8,000/- for litigation cost to the petitioner also within the said periods.
The aforesaid payment shall be made by the OP within 45 days from the date of this order failing which the petitioner shall be at liberty to proceed in accordance with law.
And also if the order is not complied by the said OP within the above period, he is liable to pay the interest of entire amount @10% p.a. until realization.
Directed and corrected by me
Member
