JUDGMENT

Manojit Mandal, President—This appeal has been filed by the Appellants / Judgment Debtors against the order dated 31/07/2019 of the District Consumer Disputes Redressal Forum, Hooghly at Chinsurah ( in short ‘District Commission’) passed in C C No. 63 of 2016.

2. Brief facts of the case are that the complainant /Respondent No. 1 & 2 entered into an agreement for sale with the Appellants / Opposite parties No. 1 & 2 being owners and developers and as such vendors to purchase the flat mentioned in the schedule as on 26/07/2013. Subsequently, a tripartite agreement for housing loan was entered into between the complainants / respondents No. 1 and 2 and the appellant No. 1 as builder and LIC Housing Finance Limited as the complainants / Respondent No. 1 & 2 availed of loan facility from LIC Housing Finance Limited on 10/09/2014 and agreement for sale was registered between the complainants / Respondents No.1 & 2 and the appellants No. 1 & 2 for sale of the flat. As per the agreement the complainant / respondent No. 1 & 2 was to make purchase of the flat in the schedule mentioned area for a total consideration amount of Rs. 16,00,000/- (Rupees sixteen lakh) only and out of the same, the appellants received Rs.13,00,000/- (Rupees thirteen lakh) only by way of seven cheques. In the agreement it was agreed that the possession of the flat would be delivered within eighteen months from the date of the agreement. Further case of the complainant / respondent nos. 1 & 2 is that complainants made an agreement with the appellants for sale of car parking space in the ground floor of the building. It was agreed that complainants / respondents No. 1 and 2 will pay Rs.16,00,000/- (Rupees sixteen lakh) only in total for the said flat and the car parking space.

3. The further case of the complainant is that Rs.13,00,000/- (Rupees thirteen lakh) only was paid to the appellants towards consideration money out of total consideration of Rs.16,00,000/- (Rupees sixteen lakh) only. The complainants / respondents no. 1 and 2 were at all points of time ready and willing to pay the balance consideration money of Rs.3,00,000/- (Rupees three lakh) only but the appellants were restraining for completing the Act of registration. Further case of the complainants / respondents No. 1 & 2 is that on 03/05/2016 the complainants / respondent No. 1 & 2 received a letter dated 27/04/2016 from the appellant No. 1 asking them to make payment of Rs.7,96,250/- (Rupees seven lakh ninety six thousand two hundred and fifty) only to ensure registration of the property. Finding no other alternative the complainants / respondents No. 1 & 2 filed a complaint case before the Forum with a prayer to direct the appellants / Opposite parties No. 1 & 2 to execute and register the deed of sale of the property mentioned in the schedule, to pay Rs.2,00,000/- (Rupees two lakh) only towards compensation and to pay litigation cost.

4. The Opposite parties No. 1,2 & 3 entered appearance and contested the case by filing a separate written version denying all the material allegations as levelled against them.

5. On behalf of the complainant, evidence on affidavit was filed. The Opposite parties have also tendered evidence through affidavit. Both sides filed written notes of arguments before the Learned District Commission.

6. On 31/07/2019 Learned District Commission allowed the complaint case and passed the order which is reproduced as under:—

“Hence, ordered that the complaint case being No.63/2016 be and the same is allowed on contest against the opposite party No.1, with a litigation cost of Rs.10,000/- to be paid by the opposite party No.1 to this complainant.

The opposite party No.1 is directed to handover the delivery of possession alongwith the possession letter, execute and register the deed of conveyance in favour of the complainant after accepting the balance consideration money amounting to Rs.3,00,000/- from these complainants in accordance with the terms of the agreeme