FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU , Member.
The case of the complainant is that the complainant entered into an agreement with the OP on 11.12.2015 in order to appoint him for developing her property situated at C – 351/5// New Makalhati Uttarpara Road, P.S. – Rabindranagar, South 24 Parganas, Kolkata – 700066 and gave a power of authority to the OP on the same date to develop the land in respect of construction of a G+3 multi storied building. As per agreement the complainant is entitled to get a shop on the ground floor and being the owner she was allotted the entire share in the second floor of the said building. But the OP intentionally and deliberately violated the terms and conditions of the agreement and illegally handed over complainant’s portion to other person as tenant and even failed to complete the works of the said building both outside and inside. The complainant repeatedly requested the OP to complete the works of the said building and to hand over the allocated portion as per agreement to the complainant. Then the OP made a commitment via letter dated 01.07.2019 that within 3 months the incomplete works will be completed as per agreement and failing which he will be pay am amount of Rs.5,00,000/- as compensation. Thereafter, the same commitment was made by the OP on 04.12.2019. The complainant issued several advocate letters to the OP requesting him to comply the agreement on 14.06.2019 and 24.03.2019. But till the date nothing is done on the part of the OP and the complainant has to live miserably. Finding no other option the complainant placed her grievance before this Commission.
Despite service of notice the OP did not bother to turn up to defend the case. Thus the case of the complainant heard ex-parte against the OP. As the OP did not appear, we have to rely upon the documents on record furnished by the complainant and we made our observation on the basis of those documents and evidences.
We have travelled through all the materials on record produced by the complainant coupled with its annexure thereto and given a thoughtful consideration.
On perusal of the record it is found that an agreement was signed and executed between the parties on 11.12.2015 for developing the property of the complainant situated at C-351/5/New Maklahati Uttarpara Road, P.S. – Rabindranangar, South 24 Parganas, Kolkata -66 and building a G+3 multistoried building in which the complainant will get a shop room at the ground floor and the entire 2nd floor as owner’s allocation. It was also agreed between the parties that the OP will complete the whole works within 18 months. But the OP failed to perform as per agreement . Photocopy of a stamp paper filed by the complainant reveals that the OP promised and signed a written statement on 01.07.2019 that the works will be completed within 3 months and the owner’s allocated portion will be vacated by the OP within 7 days . If he failed, he will pay an amount of Rs.5,00,000/- to the complainant as penalty. But the OP failed to fulfill his part of commitment. Further, on 04.02.2019 in presence of few witnesses the OP again signed the stamp paper containing the almost same statement . This time also the complainant miserably failed. Photocopies of legal notices send by the complainant goes to show that the complainant knocked the OP to give reminder. But the OP remained unturned. Not only that, the summon of this Dist. Commission was duly served to the O.P. but the OP dared not to pay any heed to that. This gesture of the OP appears to us as deficiency in service and as well as unfair trade practice.
Therefore, we are of the opinion that the complainant is entitled to get relief/reliefs as prayed for.
As such, the complaint case succeeds.
Hence,
ORDERED
That the case be and the same is allowed ex-parte against the OP along with litigation cost of Rs.15,000/- to the complainant within 30 days from the date of this order.
The OP is directed to hand over peaceful possession of allotted portion of the subject flat together with the shop room within the abovementioned period and that too completion of all the unfinished works as per the Agreement dated 11/12/205 within the said stipulated period.
The OP is further directed to pay Rs.25,000/- as compensation to the complainant for causing harassment and mental agony within the stipulated period.
