IMPORTANT POINT
Indefinite period - It is not possible for the complainants to wait for indefinite period of time for getting their flat in question.

ORDER

Shyamal Kumar Ghosh, Presiding Member—The instant consumer case has been filed against the opposite parties praying for refund of money along with interest or alternatively praying for handing over the possession of the flat by means of execution and registration of the deed of conveyance in favour of the complainants as per agreement dated 02/02/2018, compensation, costs etc.

2. The factual matrix of the case is that one Santanu Bhaumik and Tapas Kumar Bhaumik both have intended to purchase a flat from the opposite parties/developers and they have entered into an agreement for sale dated 13/02/2014 with the developers in respect of purchase of one self contained flat on the 6th floor, Block – ‘A’ measuring area 1500 sft along with car parking space on the ground floor measuring area 100 sft for a total consideration amount of Rs.61,00,000/- and out of which Rs.26,50,000/- has already been paid on or before signing the said agreement for sale.

3. That on 02/02/2018 another agreement for sale has been executed by and between the developers and the complainants for purchasing one self contained flat on the 4th floor , Block – ‘B’ measuring area 1150 sft along with car parking space measuring area 100 sft on the ground floor in place of 6th floor for the total consideration amount of Rs.41,00,000/- and out of which Rs.26,50,000/- and thereafter Rs.3,50,000/- ie total amounting to Rs.30,00,000/- has already been paid to the ops 1 to 3 developers.

4. Be it mentioned here that Sri Santanu Bhaumik is son of the complainants and Sri Tapas Kumar Bhaumik is brother of the complainant no-2.

5. Thereafter, on several occasions the complainants have visited the office of the ops 1 to 3/developers with a request for delivery of the possession and also for execution and registration of the deed of conveyance in favour of the complainants but they have failed to pay any heed regarding this matter.

6. That all sorts of activities of the opposite parties No. 1 to 3/developers are the glaring example of gross negligence and deficiency in service on their part.

7. Having no other alternative the complainants have rushed to the door of the Commission praying for certain reliefs as prayed for against the opposite parties.

8. It is revealed from the order no – 7 dated 24/02/2022 that the opposite parties 1 to 3/developers have already debarred from filing written version and as such the case has already been fixed for ex-parte against the ops No. 1 to 3.

9. One interlocutory petition being no – IA/442/2022 has been filed by the complainants praying for deletion of the names of the opposite parties 4 and 5. Having heard the ld counsel and upon careful perusal of the relevant documents and papers, the instant interlocutory application has already been allowed and the names of the ops 4 and 5 be deleted from cause title of the instant Consumer Case.

10. Ld counsel appearing for the complainants has argued that on 02/02/2018 the agreement for sale has been executed by and between the developers and the complainants in lieu of the agreement for sale dated 13/02/2014 for purchasing one self contained flat on 4th floor Block – ‘B’ measuring area 1150 sft along with open car parking space on the ground floor measuring area 100 sft for a consideration amounting to Rs.41,00,000/- and out of which the complainants have already paid Rs. 30,00,000/- to the ops 1 to 3/developers. But instead of repeated requests, the ops 1 to 3/developers have failed to hand over the possession of the said flat by means of execution and registration of the deed of conveyance or they have failed to make any refund of Rs.30,00,000/- along with interest. Accordingly the ld counsel has prayed for handing over the possession of the said flat in question by means of execution and registration of the deed of conveyance or alternatively refund of money along with interest, compensation, costs etc.

11. The case record has been taken up for ex-parte hearing.

12. We have heard the ld