Complainants’ case in epitome is that O.P. No. 1 is a partnership firm having its principal business is construction. O.P. No. 2 now deceased was the partner of O.P. No. 1 and after his death his legal heirs have been brought on record by the prayer of Complainants and Complainant subsequently filed copy of amended petition of complaint but none of the O.Ps has contested the case.

Complainants allege that O.P. No. 1/developer has entered into a registered development of agreement on 09.06.2014 with the Complainants in respect of the land measuring about three kottahs, five sqare feet, details of which has been described in paragraph 3 of the petition of complaint. Along with development agreement a registered power of attorney was executed in favour of the O.P. No. 1 by the then Complainants. On the strength of said registered agreement for development and on the strength of registered power of attorney O.P. No. 1  got sanction plan approved by the competent authority.

Complainants also allege that as per clause of the said agreement for sale promoters/developers have agreed to complete and deliver the possession of the flat of the Complainants within 24 months. Be it mentioned that in fact, Complainants decided to develop their property by constructing of new multistoried building for residential and commercial purposes, after demolishing existing building and as per terms and conditions of the said development agreement O.Ps to provide 50:50 ratio of the total constructed area and Rs. 6,00,000/- as refundable non-interest security deposit.

Complainants also allege that the schedule time has already been exhausted from its time framed and till date already three years have been elapsed, but O.Ps have neither sanctioned the building plan from competent authority nor took any initiative for the construction of building and O.Ps have not started the construction work on the said land in question.

Complainants allege that by way of doing such illegal and negligence conduct the O.Ps have harassed the Complainants physically and mentally in various ways and threatened them with a dire consequence and they also threatened that they would not completed the building, though O.Ps upon the requests of Complainants have duped the Complainants to complete their work with tomorrows’ mainly with the intention to harass the Complainants.

Lastly, Complainants on 18.07.2017 sent legal notice to the O.Ps for cancellation of the agreement for development dt. 09.06.2014, but till date O.Ps did not take any initiative steps regarding the completion of the building or did not bother to make any reply to the bonafide requests of the Complainants.

Complainants allege that there is a gross negligence on the part of O.Ps in rendering their service to the Complainants which is highly deficient in nature.

Complainants also state that due to such deficient and negligent acts of the O.Ps Complainants have suffered huge mentally and physically along with financial harassment and as such, O.Ps are liable to compensate the Complainants.

Finally, Complainants instituted the case and have prayed for following prayers:-

A. Directions upon the O.Ps jointly and severally to complete the constructional and other works of the proposed multistoried building including flats of the Complainants as per development agreement dt. 09.06.2014.

B. Direction upon O.Ps jointly and severally to pay Rs. 5,00,000/- for harassment, mental agony and also for negligent act and deficiency in service.

C. Direction upon O.Ps jointly and severally to give possession of share as per owners’ allocation in favour of the Complainants.

D. direction upon the O.Ps jointly and severally to take Completion Certificate with regard to the proposed multistoried building including all flats as per sanctioned plan.

E. Direction upon the O.Ps jointly and severally to pay entire tax and rent till date of receiving of the Completion Certificate from the local Municipality.

F. Complainants have also prayed for cost of proceedings and other relief/s, if any, which Complainants are entitled to get as per law and equity.  

Point for Decision

Are the Complainants entitled to get relief/s as prayed for?

Decision with Reasons

 To prove their Complainants have tendered their written examination in chief supported by an affidavit and they have also filed photocopies of relevant documents in support of their case.

This Commission has gone through the said evidence and the documents filed by the Complainants.

It appears that in their evidence Complainants have fully corroborated their case and documents filed by Complainants lend support to their case.

Therefore, in view of the evidence of the Complainants and documents filed by them, remaining unchallenged, it is held that Complainants’ case is proved and they are entitled to get the reliefs as sought for.

Hence, it is,

ORDERED

That the case being no. RBT/CC/391/2022 be and the same is allowed ex parte against all the O.Ps with cost.

All the O.Ps are directed jointly and severally to complete the constructional and other works of the proposed multistoried building including flats of the Complainants as per terms of the registered development agreement dt. 09.06.2014 within two months from the date of this order. 

All the O.Ps are directed jointly and severally to pay Rs. 1,00,000/- to the Complainants toward compensation for harassment, mental agony and also for negligent act and for deficiency in service within two months from the date of this order.

All the O.Ps are directed jointly and severally to deliver the possession of the share of owners’ allocation to the Complainants as per agreement for development dt. 09.06.2014 within two months from the date of this order.

All the O.Ps are directed jointly and severally to collect the Completion Certificate with regard to the proposed multistoried building including all flats as per sanctioned plan within two months from the date of this order.

All the O.Ps are directed jointly and severally to pay tax and rent in respect of the property in question till the date of receiving Completion Certificate in respect of proposed multistoried building within two months from the date of this order.

All the O.Ps are directed jointly and severally to pay to the Complainants Rs. 10,000/- towards litigation cost within two months from the date of this order.

Let plain copy of this order be supplied to the parties free of cost. 

Dictated and corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT