In a nutshell, the case of the complaint is that the complainant being the landlord had entered into a development agreement on 18.11.2011 with the OP for construction of one G + 3 storied building at the Premises as mentioned in the schedule to the complaint. According to the development agreement, the complainant would get the 1st floor and terrace of the new building but after construction of the said building the developer did not deliver the possession of the terrace to him. He issued legal notice twice on 08.05.2021 and on 31.05.2021 to the OP, demanding possession of the terrace within a period of 7 days from the date of the receipt of the notice but despite receiving the same, OP did not hand over the possession thereof. It is alleged that the OP is trying to sell the same to a 3rd party in lieu of huge sum of money. So, complainant who filed this complaint through his constituted attorney prayed for several reliefs including a direction on the OP for handing over the terrace in the said premises to him and compensation. OP contested the case by filing a written version and also adducing evidence denying the allegations as made in the petition of complaint. Both the parties filed their respective evidence on affidavit, exchanged questionnaire, complainant filed reply to the questionnaire of the OP, but OP did not file any reply. Complainant also filed brief notes of argument. This apart, complainant filed documents, namely, development agreement dated 18.11.2011 between him and the OP and also the General Power of Attorney and the legal notice issued on his behalf. POINT FOR CONSIDERATION Whether the complainant is entitled to relief (s) as prayed for. The development agreement dt. 18.11.2011entered into between the parties revealed, complainant being the landlord entered into the said agreement with the OP for construction of a G + 3 storied building at the premises as mentioned in the petition of complaint and OP would construct the said building and thereafter, on completion of the construction, he would hand over the 1st floor and the vacant terrace. From the evidence, it is found that the complainant did not get back the open terrace as mentioned in the said agreement for which he issued legal notice to the OP, but still then OP did not hand over the same. As against the said allegations, nothing relevant is found from the evidence of the OP. He, not even filed any reply to the queries as given in the questionnaire of the complainant. On consideration of the entire materials of record, we find that the complainant has been able to establish his claim for the terrace in the new building at the premises as mentioned in the schedule ‘B’ to the plaint. So, we are of the opinion that the complainant should get the possession of the terrace in the said premises and he is also entitled to Rs.3,000/- as cost of litigation. Accordingly, it is ORDERED That the instant case be and the same is allowed on contest. OP is directed to hand over the terrace in the premises as mentioned in the schedule to the complaint. He is also to pay Rs.3,000/- (Rupees three thousand only) ascost of litigation to the complainant. OP to comply with the aforesaid order within 45 days from the date of this order failing which the complainant shall be at liberty to realize the same in accordance with law. Dictated and corrected by me. | 
