05 June 2024 Consumer Complaints >> Civil & Consumer Law   |   Property Law >> Personal Law   |   Property/Real Estate Law >> Property & Real Estate  

A property sale agreement gone awry has resulted in a court-ordered execution of the sale deed and compensation for the buyer. The dispute arose between a buyer (appellant) and a seller (respondent) over a flat in Kolkata, India.

According to court documents, the seller and buyer entered into a written agreement for the sale of a flat for Rs. 27 lacs. The buyer paid Rs. 22 lacs and received possession of the property in September 2017. However, a disagreement arose over the remaining Rs. 5 lacs. The seller claimed full payment had been made, while the buyer disputed it.

Faced with the buyer's refusal to execute the sale deed, the seller filed a complaint with the State Consumer Disputes Redressal Commission. The seller sought enforcement of the sale agreement and compensation for the delay.

The State Commission sided with the seller. They found the buyer's claims unconvincing, particularly the allegation that the agreement was forged. The signed first and last pages, along with the handover of possession, indicated a legitimate sale agreement for Rs. 27 lacs. The Commission ordered the buyer to execute the sale deed, pay a compensation of Rs. 250,000, and cover court costs of Rs. 30,000.

The buyer appealed the State Commission's order. They argued that the agreement was fabricated and the actual sale price was Rs. 70 lacs. Additionally, they claimed they only signed a license agreement, not a sale agreement.

The court, however, dismissed the appeal. The court pointed out inconsistencies in the buyer's arguments and the lack of evidence supporting a higher sale price or a separate license agreement. The court upheld the State Commission's order, requiring the buyer to fulfill the agreement and awarding compensation to the seller. The buyer was granted a two-month window to comply with the court order.