Date of filing :6.11.2017

Judgment : Dt.25.4.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of   C.P.Act, 1986 by Sankar Saha alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Biswanath Saha, (2) Sri Manik Sen, (3) Anima Saha, (4) Sri Sridham Saha, (5) Sri Sudan Saha and (6) Maya Paul.

            Case of the Complainant in brief is that the Complainant along with OP Nos.3 to 6 entered into a development agreement with OP Nos.1 & 2 for developing the premises No.A-23, Ramgarh Colony, P.S.-Patuli, Kolkat-700 047, by constructing a multistoried building and as per terms of the said agreement dt. 25.8.2015, the developers and the landowners (the complainant and OP Nos.3 to 6) both sides would get 50% of the constructed area. It is stated by the Complainant that after completion of the said multistoried building the OP developers did not handover the petitioner’s owner’s allocation. The Complainant has further stated that on several occasions he requested the OPs to deliver possession in favour of him but the OP Developers did not pay any heed to that so the Complainant sent an Advocate’s letter dt.5.9.2017 to the OPs that too yielded no fruitful result. Finding no other alternative the Complainant, by filing the instant Consumer Complaint has prayed for direction upon OP Nos.1 & 2 to hand over the allocated portion to the petitioner and after considering the documents further direction upon the OPs to hand over the petitioner the allocated portion to the petitioner.

            Notices were served but the OPs did not turn up so the case was proceeded ex-parte against the OPs. vide Order No.8 dt.8.2.2018.

            The Complainant filed evidence. The Complainant annexed photocopy of development agreement dt.25.8.2015, Advocate’s letter dt.5.9.2017.

Decision with reasons

            It is evident that the Complainant along with OP Nos.3 to 6 entered into a development agreement with the OP Nos.1 & 2 i.e. Developer. On perusal of Development agreement dt.25.8.2015 it appears that there are several joint owners including the Complainant and OP Nos.3 to 6 of the property lying and situated at A/23, Ramgarh Coloy P.S.-Jadavpur, Patuli now Netaji Nagar, Kolkata-700 047.

            It is also evident from the Development agreement dt.25.8.2015 that the other owners amicably entered into partition deed and by virtue of that partition deed the Complainant and the OP Nos.3 to 6 became the sole owners of the property lying and situated aT A/23, Ramgarh Colony, P.S.-Jadavpur, Patuli, Kolkata-700 047. The schedule B of the said development agreement i.e. “owner’s / First part allocation” which runs as-

            “All that (1) Half Portion of the Ground floor (South-Eastern Side) and 2) Entire Second Floor, of the said proposed straight three storied building on the said plot, along with undivided proportionate share of the land and common areas on the said plot comprised in E. Plot No.265, S. Plot No.90, in C.S.Plot Nos.967 (Part) & 984(Part) in Mouza-Roypur, J.L.No.33, now within the Kolkata Municipal Corporation and within Ward No.99, being a demarcated portion of Premises No.87/12/37A, Raja Subodh Chandra Mullick Road, postal address A/23, Ramgarh Colony, Police Station-Jadavpur then Patuli now Netaji Nagar, Kolkata-700 047, in the district 24 Parganas South.

And

The Second Part/Developers herein shall pay a sum of Rs.4,00,000/- (Rupees four lacs only) which is a non-refundable one, to the First part/ owner, Rs.2,00,000/- (Rupees two lacs only) at the time of execution and Registration of the General Power of Attorney as given by the First Part/Owner to the Developers, in respect of the Developers allocations, morefully described in Schedule ‘C’ and Rs.2,00,000/- (Rupees two lacs only) on or before 31^st December, 2015.” It appears that no demarcated portion has been mentioned therein wherefrom it would have been evident that which portion the Complainant is entitled to get.

            Admittedly, the Complainant being one of the land owners entered into a development agreement with OP developer thus became consumer.

            The Complainant has prayed for direction upon the OP to hand over petitioner’s allocation which is beyond the terms of the Development Agreement dt.25.8.2015.

            Moreover, this Forum does not have power to demarcate any property.

            In the result, the Consumer Complainant does not succeed.

            Hence,

ordered

            That CC/625/2017 is dismissed ex-parte but without any order as to cost.