The case of the complainant in brief is that complainant entered into an agreement for sale with the O.P. No. 1/developer on 04.03.2015 in respect of a flat lying on the ground floor, right side of a multi storied building was to be developed by the OPno1 on the property of the land owners the OP. no 2-9 as specifically mentioned in Schedule B of the said agreement for sale. Accordingly, the complainant has paid Rs. 2,50,000/- out of total consideration amount of Rs. 5,00,000/-  to the O.P. /developer as the earnest money. Thereafter, the complainant paid an amount of Rs. 2,00,000/- on 16.04.2015 for which the O.P./developer issued money receipt to that effect. It is stated in the petition of complaint that the complainant requested the O.Ps. to hand over the possession of the said flat in habitable condition , to execute and register the deed of conveyance in favour of the complainant at the time of receiving full and final payment and to hand over  completion certificate. It is further stated in the petition of complaint that OPs have neither handed over the possession of the flat to the Complainant nor they completed the development work till date. Hence, this case.

The Complainant filed this case praying for direction upon the OPs to complete the flat mentioned in Scheduled ‘B’ in habitable condition thereafter handover the possession of the flat in favour of the Complainant, to execute and register the deed of conveyance in respect of the flat in favour of the Complainant, to pay compensation of Rs. 50,000/ and to pay litigation cost.

Notice has been served upon all the OPs. In spite of that none appears on behalf of the OPs. Hence the case was proceeded ex-parte against OPno.1(a) vide order dated31.10.2018, OPno.2vide order number 4 dated 07.06.2022, OP no. 6, 7 & 8 vide order no. 06 dated 12.09.2022,OP no. 1 (b),1(c) and OP no.3 vide order no7 dated02.12.2022 and OP no. 4,5and 9 vide order no.09 dated10.04.2023.

                                                                           Decision with reasons

In order to prove his case, the Complainant Smt. Supriya Poddar adduced evidence on affidavit with relevant documents. It appears from the agreement for sale dated 18.07.2015 the husband of the complainant Shri Samar Poddar entered into a tripartite agreement with the O.Ps. It further appears from the said agreement for sale that total consideration amount of Rs. 5,50,000/- was to be paid by the purchaser to the O.Ps.-developer out of which the purchaser paid Rs. 4,00,000/-. It further appears that the developer was under obligation to deliver the said flat to the purchaser within 12 months from the date of the agreement for sale but till date the possession of the said flat has not been handed over to the complainant which tantamount to deficiency in service on the part of the O.Ps.

 From the unchallenged evidence of the complainant we are constrained to hold that the complainant proves her case .Therefore, an order should be passed for directing the O.Ps. to hand over the possession of the flat in question to the complainant after receiving the due consideration amount of Rs. 1,50,000/- and to register the deed of conveyance.

Complainant has been suffering mental pain and agony since she made payment of Rs. 4, 00,000/- in the year 2015 to the OP no.1 (a),1(b) and 1(c). Therefore, the complainant is entitled to get the compensation. In the result O.P no 1(a), 1(b) and 1(c) are liable to pay compensation of Rs. 50,000/- towards the compensation to the complainant.

Further it appears that the inaction of the O.Ps. compelled the complainant. Therefore, the O.Ps. are liable to pay litigation cost of Rs. 30,000/- to the complainant

In the result, the petition of complaint succeeds.

Hence, it is,

                                                                 Ordered

 that the complaint case being no. RBT/CC/132/2022 is allowed ex-parte against all the Opposite Parties with cost.

 O.Ps are directed to hand over the possession of the flat as per agreement for sale dated 18.07.2015 to the complainant after receiving the balance consideration amount within 45 days from this date of order and thereafter execute and register the deed of conveyance in favour of the complainant .

 O.P no 1(a),1(b) and 1(c) are further directed to pay Rs. 50,000/- towards the compensation and Rs. 30,000/- towards the litigation cost to the complainant within 45 days from this date of order failing which entire amount shall carry interest @12% per annum.

Let plain copy of this order be supplied to the parties free of cost.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER