UNIQUE CONSTRUCTION Vs. SUBHRA BANERJEE

JUDGEMENT

(1.) THE instant appeal is directed against the judgement and order dated 08.08.2012 passed by Ld. District Forum, South 24 Parganas in Complaint Case No. 134/2010 allowing the same on contest with cost of Rs.10,000/ - against the O.Ps, directing the O.Ps to execute and register the Deed of Conveyance in favour of the Complainants in respect of the property in question after receiving the balance consideration amount of Rs.4,67,500/ - from the Complainants within one month from the date of the order failing which the Complainants would be at liberty to put the decree into execution in accordance with law, further directing the O.Ps to pay compensation to the tune of Rs.3,00,000/ - and cost of Rs.10,000/ - totalling to Rs.3,10,000/ - to the Complainants within one month from the date of the order failing which the entire amount would carry an interest @ 10% per annum from the date of default till realization.

(2.) BEING aggrieved by that order the O.Ps have preferred the instant appeal on grounds, inter alia, that the Respondents violated the terms and conditions of the agreement dated 02.07.2006, in respect of payment, the petition of complaint suffers from non -joinder of parties since the landowners has not been made party.

(3.) THE Complainants (Respondents herein) filed a complaint before the Ld. District Forum stating that they had entered into an Agreemetn for Sale dated 02.07.2006 with the O.P. Nos. 1 and 2 (Appellants herein) and the landowners for purchasing a self -contained flat having super built -up area of 900 sq. ft. to be constructed in a proposed multistoried building at premises No. 150, Banamali Naskar Road, Behala along with a car parking space at a consideration of Rs.9,45,000/ - for the flat and Rs.1,40,000/ - for the car parking space. The Complainants further stated that as per terms of the said agreement the O.Ps were to hand over the possession of the flat and register the same within August 2007 but the same has been remaining due in reality. The Complainant further stated that they have paid Rs.6,17,500/ - as earnest money for the said property and Rs.15,000/ - towards extra works. The Complainants apprehended that the O.P. developers were trying to create a third party interest in respect of the said flat. Hence, this case. The Complainants prayed for direction upon the O.Ps to execute and register the Deed of Conveyance on receiving the balance amount of Rs.4,67,000/ -, to pay a sum of Rs.3,00,000/ - towards compensation for causing mental harassment.