Case of the complainants in brief is that the complainants entered into an agreement with the opposite parties on 22.06.2019 in order to purchase a flat measuring 360 sq.ft.super built up area at Video Hall Gali, Hatiara, Police Station-ECO Park,Kolkata-700157 and as per agreement the complainant paid Rs6,80,000/- to the OP-developer i.e.OPno1. It is stated in the petition of complaint that the OPno1 without obtaining any ‘Mother’ meter has done construction work for that reason the complainants failed to opt for electricity connection from the concerned authority in their names. It is further stated in the petition of complaint that  the OPno1 did not complete the unfinished work and the complainants by sending letter dated 07.03.2022 requested the OPno1 to complete the due work but till date OP did not turn up. Finding no other alternatives complainants file this case praying for direction upon the OPs to complete the incomplete work , to obtain completion certificate, to pay Rs 4,00,000/- as compensation and to pay Rs 50,000/- as cost of litigation.

Notices were served upon the OPs in spite of that OPno2, 3 and 4 did not file written version. Hence, the case was proceeded ex parte against them. OPno1 has contested this case by filing written version, stating that he handed over the possession of the flat to the complainants and after getting possession complainants raised allegation against him although there are no major pending work. OPno1 further stated that the complainants are enjoying electricity and pay charges as indicated in the sub meter which is already installed within the flat premises. It is further stated by the OP that if the complainants desire to get a new connection he can directly apply to the WBSEDCL in order to get the same and stated that the complainants occupied 4D flat in the first floor of the constructed building but till date the complainants have not take any initiative regarding registration of sale deed in favour of them. As the OP no. 1 has already completed the agreed work in respect of the flat of the complainants and handed over the same to the complainants and in regard of the extra work the OP further stated that the complainants yet not paid the entire amount regarding the total consideration amount and other maintenance charges of extra works as such he has no deficiency in providing service to the complainants. Accordingly the OP no. 1 has prayed for dismissal of the case.

Decision with reasons

The complainants Md. Hussain Ali and Md. Asif Ali filed this case alleging the OPs have not done the incomplete work as agreed by and between the parties as per the agreement for sale dated 22.06.2019. On perusal of the said agreement it appears that the complainants would get a 360 sq.ft. flat including 15% super build up area on the first floor of a newly constructed G+4 building and the  said flat would be handed over within one month from the date of signing of the agreement for sale. The complainants did not state about the date of handing over the possession of the flat in favour of them and also did not mention the specific pending work of the said flat. On the other hand the OP no.1 stated that he completed the flat and thereafter handed over the same to the complainants. As the extra charges was not paid by the complainants so the OP no.1 could not do the same. It further appears from the agreement for sale that the complainants paid Rs. 6,70,000/- out of total agreed consideration amount of Rs. 6,80,000/-.An amount of Rs 10,000/-is payable by the complainant to the OP.

 According to the agreement the purchaser shall apply for an electric meter at his own cost. OP no.1 stated that the complainants would install separate connection directly from the WBSEDCL.

As the complainants have already received possession of the said flat and as per agreement the OPs are bound to execute and register a deed of conveyance in favour of the complainants though the complainants have not prayed for registration of the same, for the ends of justice a direction for execution and registration of the sale deed should be given to the OPs. The specific allegation of the complainants is that OP did not complete the agreed work, in this regard we hold that as per agreement dated 22.06.2019 if any work could not be done a direction shall be given to the OPs to complete the same and in case of extra work, the complainants are to bear the cost. Since the registration of the flat of the complainants has not been done as per the agreement executed by and between the parties that amounts to deficiency in service on the part of the OPs. OPs are liable to pay Rs 5000/- towards compensation and Rs 5000/- towards cost of litigation.

In the result the petition of complaint succeeds in part.

                        Hence, it is,

                                    Ordered

 that the complaint case being no.129/2022 is allowed ex parte against OP 1,2 and3without cost and on contest against OPno1 with cost.

OPno1 is directed to execute and register the sale deed in favour of the complainants after receiving Rs 10,000/ from the complainants and to complete the agreed work if any as per agreement dated 22.06.2019 within 45 days from this date of order. OPno1 is further directed to pay Rs5, 000/- as compensation and Rs5, 000/- as cost of litigation to the complainants within 45 days.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER