The case of the Complainant in brief is that the Complainant had entered into an agreement for sale on 01.08.2014 with the O.P no. 10 to 13 where OP no 10, the partnership firm and OP no. 11, 12 and 13 are the partners of the said firm, for purchasing a flat to be developed by the aforesaid OPs at Mouza Baranagar, premises no. 4/2 Chandi Charan Banerjee Lane, P.S- Baranagar, Kolkata- 700035. Accordingly, the Complainant paid Rs. 2,50,000/- towards the earnest/advance money to the O.P no. 10 vide cheque dated 01.08.2014.

It is stated in the petition of complaint that as per agreement the purchaser would be paid Rs. 2000/- per square feet for 400 square feet super built up area totaling a consideration amount of Rs. 8,00,000/- to the O.P/developer. The said amount was to be paid in the following manner : at the time of execution of agreement, the purchaser would pay Rs. 2,50,000/- to the developer as earnest/advanced money and Rs. 50,000/- within 10 days from first installment and thereafter Rs. 50,000/- in and after every three months.  It is further stated in the petition of complaint that as per agreement it was decided that if the measurement of the said flat becomes more than the agreed measurement the purchaser would have to pay extra amount for that. After completion of construction of the said flat it was found that actual measurement of the flat was 442 square feet, therefore the value of the flat  was Rs. 8,84,000/- as per agreement.

It is further stated that some extra work were made for which an extra amount of Rs. 24,175/- was payable by the complainant to the O.P no. 10. Accordingly as per the terms and conditions of the agreement an amount of Rs. 9,08,175/-only was payable to the O.P. no. 10 out of which the complainant paid a sum of Rs. 8,50,000/-only to the O.P. no. 10. It is further stated that O.P. no.10 handed over the possession of the said flat on 03.07.2015 to the complainant by issuing a possession letter dated 03.07.2015 with the promise to execute and register the sale deed in respect of the said flat in favour of the complainant by receiving balance amount of Rs. 58,175/-only. Thereafter, on several occasions the complainant requested the O.Ps. to execute and register the sale deed in respect of the said flat in favour of the complainant but O.Ps. did nothing to that effect. Complainant by sending Advocate’s letter dated 01.03.2021 requested the same to the O.Ps.  but O.Ps. did not turn up. Finding no other alternatives the complainant filed this case praying for direction upon the O.Ps. to execute and register the sale deed in respect of the flat in question in favour of the complainant along with Rs. 1,00,000/- only towards compensation with interest and litigation cost.

Notice has been served upon O.P. nos.1, 2, 3, 4 and 5 through daily newspaper publication. Inspite of that O.Ps. remained absent. Hence the case was proceeded ex-parte against O.P. nos.1, 4, 7, 8 and 9 vide order dated 16.02.2023 and also the case was also proceeded ex parte against OP no 2,3,5,6 vide order no 2 dated 02.06.2022. 10 and 11 . OP Nos 10,11, 12 and 13 (as per amended plaint) inspite of getting ample opportunities did not file their written version.

Decision with reasons

Complainant entered into an agreement for sale with the O.Ps. on 14.08.2014. As per the said agreement a flat has been allotted in the 3^rd Floor, South West area measuring 442 Sq.ft. at a consideration amount of Rs. 8,84,000/- (Rupees eight lakh eighty four thousand). On perusal of the letter dated 03.07.2015, it appears that O.Ps. -  Loknath Construction allotted the said flat to the complainant. Complainant alleged that O.Ps. did not register his flat till date. On perusal of the agreement dated 14.08.2014, it appears that as per paragraph no. 8 of the said agreement, O.Ps. have promised to register the deed of conveyance in favour of the complainant.  Deviation from such promise amounts to deficiency in service on the part of the O.Ps.

Since the inaction of the O.ps. compelled the complainant to file this case therefore O.Ps. are liable to pay  the cost of litigation. As per our assessment Rs. 30,000/- will be just and proper for compensation and Rs. 20,000/- for litigation cost.

In the result, the petition of complaint succeeds.

Hence, it is,

Ordered

        that the complaint case being No. 120/2022 is allowed ex-parte against all the O.Ps. with cost.

O.Ps. are directed to execute and register the deed of conveyance in respect of a flat in favour of the complainant after receiving due amount if any within 45 days from this date of order.

O.P. 10 to 13 are directed to pay Rs. 30,000/- for compensation and Rs. 20,000/- for litigation cost to the complainant within the aforesaid period, failing which the amount shall carry interest @ 15% per annum.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER