Date of Filing : 19/05/2023

Date of Judgement : 23/10/2024

Smt. Monihar Begum, Hon’ble President-in-Charge

BRIEF FACTS

Complainant entered into development agreement on 19.03.2018 with the Opposite Parties. According to the said registered development agreement, OPs/Developers were bound to provide two flats measuring 610 sq.ft. each at a consideration of Rs.17,00,000/-(Seventeen lakhs) only to the complainant(as owner’s allocation).

Developer paid Rs.11,00,000/- (Eleven Lakhs) to the complainant against sum of Rs.17,00,000/-.  The Opposite Parties have handed over two unfinished flats to the complainant.  Complainant was compelled to take possession in incomplete condition of the said flats. Complainant repeatedly requested the OPs/ developers for finishing the remaining work of the flats as per contract after the payment of remaining Rs.6,00,000/- only as per the stipulated said registered development agreement dated 19.03.2018 and the said acts and conducts on the part of the OPs amounts to deficiency in service and unfair trade practice as they failed to comply with the request of the complainant, the case was filed by her against the OPs for finish the necessary works for the buildings, installation of new electric meter room along with new meter installation for the land owners etc.

OPs did not appear to contest the case so it was heard exparte against them.

The only point for consideration is whether the complainant is entitled to relief(s) in this case.

FINDINGS

We have gone through the petition of complaint, evidence and also the documents produced on behalf of the complainant. The development agreement entered between the parties on 19.03.2018 produced by the complainant revealed that complainant entitled to get two flats as owner’s allocation from the OPs/developers along with a sum of Rs.17,00,000/- out of which Developer gave Rs.11,00,000/-. OPs delivered the possession of scheduled flat in incomplete conditions.

So considering the evidence and documents, it is found that complainant has made out her case for which she is entitled to relief(s) in this case in the form of a direction upon the OPs to complete the unfinished flats as well as the completion certificates issued by the KMC to the complainant as per the terms and conditions as per the development agreement dated 19.03.2018 after payment of remaining Rs.6,00,000/-, out of total contractual amount Rs.17,00,000/- from the Developer to the complainant.

We think, considering the materials on record, complainant is entitled to get completion of unfinished flat along with completion certificate issued by KMC and payment of Rs.6,00,000/- to the complainant as per the stipulation of the development agreement dated 19.03.2018 and also entitled to get Rs.30,000/- for compensation and litigation cost from the OPs.

OPs are liable to pay Rs.30,000/- for compensation and litigation cost.

Accordingly it is

ORDERED

That the instant complaint case is allowed exparte against OPs.

OPs are hereby directed to complete the unfinished flat and to provide with completion certificate issued by KMC and payment of Rs.6,00,000/- to the complainant.

OPs are also directed to pay Rs.30,000/- for compensation and litigation cost.

The aforesaid order shall be complied by the OP within 45 days from the date of this order failing which the complainant shall be at liberty to proceed in accordance with law.

And also if the order is not complied by the said OPs, within the above period they are liable to pay the interest of the entire amount @8% p.a. until realization.

Directed and corrected by me

          Member