Hon’ble Sudip Niyogi, President FACTS The case of the complainant, in short, is that she had entered into a development agreement dated 07/11/2019 with the opposite party for construction of a multi-storied building by demolishing their existing old structure at municipal premises No. 10/2D, Asgar Mistry Lane, P.S- Topsia, Kolkata- 700046. She also had conferred a Power of Attorney on 08/11/2019 following the terms of the said agreement to complete the construction within a period of 11 months from the date of the execution of the development agreement and hand over the owner’s allocation within 15 days from the date of completion of construction work. As per agreement, opposite party to hand over her one self-contained flat measuring 540 sq. ft. carpet area in the 2nd floor of the new building and also to hand over her a 100 sq. ft room along with bath and privy on the ground floor. But the opposite party did not complete the construction within the stipulated time. However, subsequently, complainant did not hand over the possession of the said 100 sq. ft room along with bath and privy on the ground floor in the said new premises despite request. A legal notice was also issued to the opposite party but to no effect. So, complainant filed the instant case claiming several reliefs for handing over the possession of the said room, compensation and cost of litigation. In this case, opposite party entered appearance but did not file any written version within the stipulated period. So, he allowed the case to be heard ex parte against him. Therefore, the point for consideration is whether the complainant is entitled to the relief (s) as prayed for. FINDINGS Complainant filed her evidence on affidavit and also the relevant documents in support of her case. She also filed brief notes of argument. From the documents, it is found that one development agreement between the complainant who is the land owner and the opposite party i.e. the developer was made on 07/11/2019 containing several terms and conditions. Complainant also executed one power of Attorney in favour of the opposite party. What we find complainant did not utter anything as to the 540 sq. ft, 2nd floor flat which was agreed to be given to her and it is only the 100 sq. ft. room with bath and privy on the ground floor which is said to have not been delivered to the complainant by the opposite party. During argument, however, it has been made clear on behalf of the complainant that she got possession of the said 540 sq. ft. flat on the 2nd floor and complainant had to file this case because of the non-delivery of possession of the said 100 sq. ft room. So, going through the materials on record including the evidence of the complainant and the documents, it is found that complainant is entitled to get delivery of the possession of the said 100 sq. ft room on the ground floor along with bath and privy. So, the instant complaint stands allowed. It is hereby ORDERED That the instant complaint is allowed ex parte against the opposite party. Opposite party is directed to hand over the possession of the 100 sq. ft. room along with bath and privy on the ground floor at premises No. 10/2D, Asgar Mistry Lane, P.S- Topsia, Kolkata- 700046 to the complainant. Opposite party is also to pay Rs.10,000/- (Rupees Ten Thousand Only) towards compensation and Rs.3000/- (Rupees Three Thousand Only) for cost of litigation. Opposite party to comply with this order within 45 days from the date of this order failing which, complainant shall be at liberty to proceed in accordance with law. | 
