HON’BLE SUDIP NIYOGI PRESIDENT FACTS The complaint case in short is that Complainants had entered into an agreement for sale on 25.04.2014 for buying one residential flat measuring about 584 sq. ft. super built up area at 57, Tiljala Road, P.S.- Tiljala, Kolkata – 700039 at a consideration of Rs.19,50,000/- and he made an advance of Rs.7,00,000/-. On 15.01.2016 one deed of conveyance was executed and registered in favour of the Complainants. At the time of handing over the possession of the said flat to the Complainants it was incomplete. Complainants also found that the materials used in construction of the said building was not as per specifications of the agreement for sale and they were compelled to complete the flat by spending a sum of Rs.2,00,000/- approximately. They also alleged that OPs did not complete the pending works namely boundary walls, lift, proper toilet, on the ground floor, main gate etc. On behalf of the Complainants, requests were made for completion of the incomplete works and also demanded completion certificate. Possession certificate also not handed over. But despite receipt of the notice, OPs failed to comply with the requests. So, Complainants filed this complaint for a direction upon the OPs to hand over the possession letter and completion certificate etc. including compensation and cost of litigation. OP No.1- the developer contested the case by filing a written version and adducing evidence denying all the allegations of the Complainants. He claimed that the issuance of completion certificate is under process with the Kolkata Municipal Corporation. He prayed for dismissal of the instant complaint. OP No.2 to 5 who are said to be landlord / original owner of the plot did not appear to contest this case. Complainants and OP No.1 filed their evidence and also exchanged questionnaires. Complainants filed replies to the questionnaire of OP No.1. But no reply was given to the questionnaire of the Complainants by him. Complainants also filed written argument on their behalf. However, no such argument was filed on behalf of OP No.1. POINT FOR CONSIDERATION Whether the Complainants are entitled to the relief(s) as prayed for? FINDINGS In support of their contention, Complainants produced the copies of one agreement for sale dated 25.04.2014, and one deed of conveyance dated 15.01.2016 What we find from these documents as also from the evidence of the parties that initially Complainants had entered into an agreement with OP No.1 who was the developer of the building in which Complainants had agreed to buy the schedule flat. Subsequently, the said flat was executed and registered in favour of the Complainants on payment of the entire consideration price. Now, the allegations made by the Complainants are that the said flat was handed over to them by the developer - OP No.1 in incomplete condition for which they had to spend approximately Rs.2,00,000/- whereas OP No.1 is found to have denied all the allegations. Rather, it is his contention that he had completed the entire works of the building or the unit of the Complainants. The materials used by him were also as per specification as made in the agreement for sale. His further claim is that he already took initiative to get completion certificate of the building from the Kolkata Municipal Corporation and the issuance of such certificate is in the process and on receipt of the same, he will provide the same to all the owners of the respective flats. He has further claimed that he also issued possession certificate to the Complainants. Here, in this case, Complainants are found to have prayed for relief(s) as follows: - - A direction upon the OPs to hand over the possession letter and completion certificate.
- To pay the property taxes to the Kolkata Municipal Corporation till the date of handing over the completion certificate.
- A direction upon the OPs to pay a sum of Rs.2,00,000/- to the Complainants which they claimed to have spent to complete the pending works in the flat.
- A direction upon the OPs to rebuild the flat with standard building materials as per sanction building plan for compensation and cost of litigation etc.
Regarding the prayer no. (i) as stated above, OP No.1 has categorically agreed to supply the copy of the completion certificate to all the flat owners as soon as he gets the certificate from the Kolkata Municipal Corporation where the issuance of such certificate has been under process. This apart, we find there are contradictory claims without any evidence about supply of possession certificate by OP No.1. However, we think, if a fresh possession certificate is directed to be issued in favour of the Complainants, there would be no harm. Regarding prayer no.(ii) it is to be stated that Complainants have already got possession of the flat and they are using the same though completion certificate is yet to be obtained from the concerned authority. So, the claim of the Complainants to pay property taxes till the date of handing over the completion certificate does not have any leg to stand. There is also no evidence and document being produced, either. Regarding prayer no.(iii) Complainants failed to produce any scrap of paper to support their claim that they had to spend Rs.2,00,000/- approximately to make their flat habitable. Regarding prayer no.(iv) Complainants also failed to produce any evidence as to use of sub-standard materials used by the OPs in violation of the specification in the agreement for sale. In this case, we do not find any reason to pass any award of compensation to the Complainants as prayed for. However, a direction for supplying possession certificate and completion certificate and a cost of Rs.2,000/- may be given against OP No.1. This case shall be dismissed against OP No.2 to 5 as no claim of relief has been made against them. Accordingly it is ORDERED That the instant complaint is allowed on contest against OP No.1 and dismissed ex parte against OP No.2 to 5. OP No.1 is directed to supply (1) one possession certificate, (2) Completion certificate or a copy thereof and (3) to pay a sum of Rs.2,000/- (Rupees Two Thousand Only) towards cost of litigation, to the Complainants. The possession certificate and the litigation cost to be paid within 30 days from the date of this order. The completion certificate or a copy thereof to be supplied within 30 days from the date of obtaining the same from the concerned authority. If the above said order is not complied with by OP No.1, the Complainants shall be at liberty to realize the same in accordance with the provisions of law. Dictated and corrected by me | 
