Judgment : Dt.1.8.2017

            This is a complaint made by (1) Samir Bhowal, son of Late Satish Ch. Bhowal, residing at 3/94, Chittaranjan Colony, Kolkata-700 032, (2) Abhishek Pal, son of Sri Ashoke Pal, 6, S.P.C. Block, Kajipara, Kolkata-700 092 and (3) Jayashree Biswas, wife of Sri Debashis Biswas of 3/64A, Chittaranjan Colony, Kolkata-700 032 against – (1) M/s City Construction having its office at 3/94, Chittaranjan Colony, P.S.-Jadavpur, Kolkata-700 032, represented by (a) Sri Ashok Pal, son of late Satish Chandra Pal, 6, S.P.C. Block, Kajipara, P.S.-Jadavpur, Kolkata-700 032, (b) Sri Debasish Biswas, son of Sri Jyotirmoy Biswas of 3/64 A, Chittaranjan Colony, P.S.-Jadavpur, Kolkata-700 032 and (c) Smt. Rita Bhawal, wife of Samir Bhawal, 3/94, Chittaranjan Colony, P.S.-Jadavpur, Kolkata-700 032, (2) (a) Smt. Kalpana Pal, wife of late Bimal Kanti Pal, (b) Sri Bubai Pal, daughter of late Bimal Kanti Pal, (c) Mrs. Namita Pal, wife of Late Kamal Pal, (d) Mrs. Mom Dasgupta, wife of Kanchan Dasgupta, (e) Mrs. Mou Dey Sarkar, wife of Gautam Dey Sarkar, (f) Mr. Julie Majumder, wife of Abhijit Majumder, (g) Sri Shyamal Pal, son of Late Dhirendra Chandra Pal, (h) Sri Sajal Pal, son of Late Dhirendra Chandra Pal, (i) Smt. Shepu Pal, wife of late Kajal Pal, (j) Goutam Pal, son of late Kajal Pal, (k) Mrs. Anju Das, wife of Sri Premananda Das and (l) Mrs. Manju Halder, wife of Tapan Halder, all are residing at 3, S.P.C. Block, Kajipara, P.S.-Jadavpur, Kolkata-700 032, praying for direction upon the OPs to handover the possession of the flat as mentioned in the 2^nd schedule, a direction upon the OPs to execute and register the deed of conveyance in respect of 2^nd schedule flat, Rs.80,000/- as compensation and Rs.20,000/- as litigation cost.

            Facts in brief are that OP No.1 is a reputed promoter and carrying on business of development and construction of building. OP No.2 series are the owners in respect of the land measuring 3 cottah 9 chittkas located at J. L. No.34 of Mouza – Baderaipur, C.S.Dag No.641 (P), E.P.No.42, P.S.-Jadavpur, K.M.C. premises No.54, Raja S.C.Mullick Road, Assessee No.31-102-14-00547, Postal premises No.3, S.P.C. Block, Chittaranjan Colony, Kolkata-700 032. OP No.2 series and the OP No.1 series both entered into a development agreement on 15.9.2006 for construction of a multi storied building over the first schedule land and executed two general power of attorney dt.27.9.2006 and 12.7.2006 in favour of the developers. Complainants requested the developer to provide him one covered room measuring about 570 sq.ft. at the ground floor, situated at KMC Premises No.54, Raja S.C.Mullick Road, assessee No.31-1202-14-00547 and postal premises No.3, S.P.C.Block, Chittaranjan Colony, Kolkata-700 032. The developers agreed with the proprosal of the purchasers and entered into a sale agreement on 9.8.2010 for sale and transfer in respect of the entire first floor, measuring about  1400 sq.ft. Complainants in terms of the said sale agreement dt.9.8.2010 paid Rs.3,00,000/- in favour of the developer at the time of execution of sale agreement and thereafter purchaser paid the balance consideration amount. On several occasions, Complainants requested the OPs to handover the possession of the schedule covered room in favour of the Complainants and also requested the OP to execute and register the deed of conveyance in favour of the Complainants. But, the OPs failed and neglected to handover the possession of the covered room. OP in collusion and in conspiracy with each other are avoiding the handing over of the possession of the covered room to the Complainants. Complainants at least 10 times requested the OPs to handover the possession. But of no use. Lastly, Complainant issued a notice. But that also not worked. So, Complainant filed this case.

            OPs did not appear to contest the case and so, the case is heard ex-parte.

            Decision with reasons

            Complainant filed a petition for treating the contents of the complaint petition as affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the complaint petition, it appears that Complainants have prayed for handing over the possession of the flat as mentioned in the 2^nd schedule. 2^nd schedule is the entire first floor covered area measuring about 1400 sq.ft. together with proportionate undivided interest of the common area and common facilities. This agreement has been signed by all the parties and owners. The OPs did not contest the case. The allegations remained un-challenged and un-rebutted. Accordingly, Complainants are entitled to the reliefs as prayed for.

            Hence ordered

            CC/166/2017 and the same is allowed ex-parte in part. OPs are directed to hand over the possession to the Complainant within four months of this order and also to make a conveyance deed in favour of the Complainants after two months of handing over the possession. The prayer for compensation and litigation costs are not allowed as circumstances do not warrant.