This is a complaint made by one Piu Ghoshal, daughter of Sri Anandamoy Ghoshal, flat No.4, Premises No.253, Ho-Chi-Minh Sarani, Sakuntala Park, 12 Feet Road, Kolkata-700 061, against Md. Habib Mollah, Proprietor of M/s Silver Enterprise 554/B, Block-N, New Alipur, Kolkata-700 053, OP No.1 and Sushil Kumar Chatterjee, son of Late Surendralal Chatterjee, 253, Ho-Chi-Minh Sarani, P.S.-Behala, Kolkata-700 061, Proforma OP, praying for passing an order directing the OP to complete the pending work or order to pay Rs.6,00,000/- and also pay Rs.50,000/- for mental harassment and Rs.80,000/- for cost and compensation.

            Facts in brief are that Complainant entered into an agreement for sale with OP No.1 for purchasing a flat and paid Rs.6,80,000/- by several cheques. Thereafter, OP requested the Complainant to make some payment that is that of consideration money for completion of the pending work. OP No.1 did not complete the pending work. Complainant purchased the flat and took its possession in the year 2012. Complainant on several occasions requested the OP to complete the pending work but of no use. So, Complainant filed this case.

            On the basis of above facts, notices were served upon the Ops. But they did not appear and so the case is heard ex-parte.

Decision with reasons.

            Complainant filed affidavit-in-chief wherein she has reiterated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion, it appears that Complainant has prayed for completion of the pending work by the OP or payment of Rs.6,00,000/-. On perusal of the complaint petition, it appears that there is no mention of the nature of pending work. However, in affidavit-in-chief filed by the Complainant also there is no mention about nature of the pending work.

            It appears that the sale deed in favour of the Complainant was registered in February, 2012 i.e. Complainant after becoming owner started residing there and after a lapse of about 4and half years suddenly came to her mind that OP did not complete the pending work and for that she has prayed for payment of Rs.6,00,000/-. Having no mention of nature of pending work, it is hard to believe that OP No.1 was obliged to complete the pending work.

            Accordingly, it appears that the Complainant failed to proof the allegation which she brought in the complaint petition.

            Hence,

 Ordered

            CC/254/2016 is dismissed ex-parte.