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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Bulbul Mondal – Appellant
Versus
Samir Chatterjee – Respondent
JUDGMENT
Samiksha Bhattacharya, Member—The instant appeal has been directed by the appellants u/s 15 of C.P. Act, 1986 against the order dated 12.03.2019 in Case No. CC/37/2017 passed by the Ld. District Commission (DCDRC), South 24 Parganas.
2. The facts of the case, in brief,are that the Appellant is an intending purchaser of two self-contained flats being Flat No. 1 and Flat No. 5 for his entire joint family depending upon the complainant on the second floor and a covered space in the premises situated at Mouja Parbangla, DaulatpurRoad, P.S. Maheshtala, South 24 Parganas. Accordingly, two agreements for sale were executed between the complainant and the respondent No. 1/OP, since deceased on 26.05.2009. As per agreement, the complainant entered into the agreement for sale of two flats being No. 1 & 5, super built-up area more or less 1500 sq.ft. on the second floor, each of 875 sq.ft. for a total consideration of Rs.13,12,500 and a covered space with an intention to use it as garage measuring about 70 sq. ft. for a consideration price of Rs.1,00,000/-. Out of total consideration of Rs.14,12,500/- for the flats and the covered space, the complainant paid an amount of Rs.4,00,000/
(1) Limitation - Both the agreements are in force and the possession of the flats and the car parking space are not being delivered to the complainant, therefore, there is continuous cause of action ....
(1) Power of attorney - In absence of power of attorney, OPs No. 1 & 2 have no power to construct the building or to execute and register the deed of conveyance in favour of the complainant.(2) Natur....
The court affirmed the validity of executing and registering the sale deed upon payment of the balance consideration while dismissing claims of defects due to lack of prior complaints.
Non-execution of the Sale Deed by Respondent in favour of the appellant sufficiently indicates that total amt. of consideration was not received by the Respondent.
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