RANU DEBNATH Vs. TITAS CONSTRUCTION

JUDGEMENT

(1.) THIS complaint has been filed by the Complainant, Dr. Miss Ranu Debnath, against the OPs praying for direction upon the OP -1 and 2 to execute the deed of conveyance in favour of her and she has prayed for compensation of Rs. 50,000 in case of failing of execution of the sale deed and for mental agony and pain.

(2.) THE facts of the case of the Complainant in brief are that being desirous of purchasing a self contained flat the Complainant approached the OPs -1 and 2. Being satisfied she entered into an agreement for sale on 25.12.2002 with the OPs -1 and 2 and as per the agreement the rate of per square feet was at Rs. 1,200 along with one open car parking space and the total consideration was at Rs. 22,76,000. The Complainant paid the entire amount as per the agreement from time -to -time and the OP -2 issued money receipt against such payment. After payment of the entire amount she took possession of her flat from the OP -2. The Complainant has stated that as per the provision of the agreement for sale the OPs -1 and 2 are duty bound to execute the deed of conveyance in favour of the purchaser. After taking possession in the flat the Complainant requested the OPs -1 and 2 repeatedly for execution of the deed of conveyance, but they did not pay any heed to her request. Although the OPs -1 and 2 have executed the deed of conveyance in favour of some purchasers who purchased their flats from the owner's allocation. Due to non -execution of registration the Complainant is facing serious difficulties and such inaction on the part of the OPs -1 and 2 is a glaring example towards deficiency in service as after taking entire consideration of money they do not take any initiative for execution of the deed of conveyance in her favour. Before filing this complaint the Complainant issued an Advocate's letter upon the OPs -1 and 2, but the OPs did not bother to reply the said letter or take any step regarding execution of the Deed of Conveyance. Finding no other alternative and being harassed for a long period the Complainant has filed this complaint before this Commission praying for some relief along with execution of the Deed of Conveyance in her favour.

(3.) ON careful perusal of the record we have noticed that after admission of this complaint notices were sent to the OPs through Registered Post with A/D but all the envelops contains the copy of the complaint and other related annexure have returned with the postal mark with 'Not Claimed'. As Not Claimed is tant amount to good service, we are of the opinion that the service is completed. Thereafter the date was fixed for filing written objection against the complaint petition by the OPs, but no one has turned up. In the interest of justice another chance was given to the OPs for filing the same, but no fruitful result has been occurred. The next date was fixed for filing evidence on affidavit by the Complainant and after filing the same a prayer was made on behalf of the Complainant for filing brief notes of argument. After filing the same we took up the matter for hearing and during final hearing none was present on behalf of the OPs. So we have heard from the Complainant at length.