Date of Filing : 23/05/2023
Date of Judgement : 21/08/2024
Mrs. Monihar Begum, Hon’ble President in charge
BRIEF FACTS
The predecessors of the complainant along with other co-owners are the joint owners by way of inheritance in respect of all that piece and parcel of non agricultural homestead land hereditaments tenements and Premises measuring demarcated 3 Cottahs 2 Chittacks more or less together with structure with brick walls and tiles roof pertaining two C.S. Khatian No.2968, C.S. Dag No.1529, JL.No.7, Mouza Konnanagar, Police Station-Uttarpara, Sub Registry Office–Sreerampore under Konnanagar Municipality, District–Hooghly and being Premises No.193 and 194 Criper Road :
- Premises No.194, Criper Road, comprising of more or less 2 Cottahs non agricultural land together with structure standing thereon.
- Premises No.193 , Criper Road, comprising of more or less 1 Cottah non agricultural land together with structure standing thereon.
Sakshi Chand Paswan also executed registered General Power of Attorney dated 24.04.2000 in favour of the developer to do all acts, deeds and things for such development work. The predecessors in title of the complainants along with other co-owners with a view to construct a building amalgamating the said two premises being Premises No.193 and 194 for residential purpose and also entered into a agreement for sale dated 24.04.2000 with M/s. ESSGEE & Associates, a sole proprietary concern, represented by its sole proprietor to Srikanta Goswami s/o Sri Satyananda Goswami herein referred to as the Opposite Party.
On the basis of the said agreement and power of attorney, the OP herein obtained a building sanction plan after amalgamation of the two premises being Premises No.193 and 194 from Konnanagar Municipality. The OP has done the works by violating the terms and conditions of the said agreement for development. OP has not completed the construction of the owner’s allocation in habitable condition. The complainants lastly requested the OP to perform his part as per terms and conditions of the agreement dated 24.04.2000.
The OP/developer has completed the construction of the building upon the said premises and handed over the possession to some owners and intending purchasers. The complainants after death of their father, on several occasions, requested the OP to handover their allocation according to the terms and conditions of the development agreement. The complainants who are residing in Delhi in connection with their employment after the death of their father requested the OP but OP did not take care such request to hand over the owner’s allocation of the complainants according to development agreement but the OP allegedly avoided to do so. The complainant is entitled to get completion certificate, building sanction plan. The complainants who filed the instant complaint through their constituted attorney, prayed for relief in the form of a direction upon the OP, the owner’s allocation of the complainants according to development agreement, completion certificate, building sanction plan in respect of the said property and also to pay compensation and litigation cost etc..
On perusal of the record, it appears that notice was sent but no step was taken by the OP and thus the case has been heard exparte against the OP.
Now the point for determination is whether the complainants are entitled to any relief(s) in this case.
FINDINGS
In this case, on the prayer of the complainants, we find the petition of complaint filed by them, evidence on affidavit and BNA on their behalf and also several documents in support of claim filed by the complainants.
We have gone through all the materials on record. The development agreement dated 24/04/2000 produced by the complainant revealed that the OP/Developer had agreed to construct a building amalgamating two premises being Premises No.193 & 194 for residential purpose. But OP fails to handover the allocation of the complainants according to the terms and conditions of the development agreement.
The complainants have succeeded in establishing that they are ‘consumers’ under the OP who is ‘service provider’ being the developer, OP has failed as ‘service provider’ to perform the obligation as per the agreement. As such deficiency and unfair trade practice, as alleged, against the OP is clearly established hence in our view, the complainants deserve to be allowed.
In our humble view, complainants deserve owner’s allocation according to development agreement, completion certificate, building sanction plan in respect of the said property. This apart the complainants are also entitled Rs.30,000/- for compensation and litigation cost.
Accordingly it is
ORDERED
The instant complaint is allowed exparte against the OP.
OP is directed to handover the suit property as described in Schedule-‘A’ & ‘B’ and the completion certificate issued by the Competent Authority .
OP is also directed to handover the building sanction plan obtained from the competent authority.
OP/Developer is further directed to pay Rs.30,000/- for compensation and litigation cost.
The aforesaid payments shall be made by the OP/Developer within 45 days from the date of this order, failing which the complainants shall be at liberty to take steps in accordance with law.
Directed and corrected by me
Member
