1. Opposite Party Nos. 1 to 4 are the developers and O.P. Nos. 5 to 8 are the owners in respect to 4 Cottahs 11 Chittaks of land at Mouza – Chandiberia, Dag No. 317, under P.S. – New Town, Kolkata – 700102 and there was an agreement, dated 24.05.2013 for development of the aforesaid land into a multi storied building containing several flats.

2. The complainants after inspection, selected for purchase flat, being no. 3C in the 3^rd Floor of the aforesaid multi storied building which was priced at Rs. 21,00,000/-. The name of the said multi storied building Urvashi – 2. The total consideration money i.e. Rs. 21,00,000/- was paid by the complainants to the developers on 12.04.2017 on which an agreement was also made.

3. But the developers neglected to fulfill the other terms of the aforesaid agreement, although on 15.12.2018 possession of the flat was delivered to the complainants. But the said delivery of possession was not made within the stipulated time, i.e. to say within 10 months from the date of agreement. As per agreement complainant is entitled to compensation for delay of 56 months in causing delivery of possession and has the right to get the flat as registered in his name in addition to right to possession letter and completion certificate. This is why they have filed this case against developers and owners for the property in question.

4. In respect of having notice about institution of the case against them. The O.Ps. have abstained from contesting the case since 10.03.2020, for which the case was heard exparte.

5. In support of their case the complainant have filed evidence on affidavit, the copy of agreement, dated 12.04.2017 and money receipts granted by the developers in respect to the consideration money amounting Rs. 21,00,000/- and the copy of the agreement, dated 12.04.2017 and the money receipts in respect of the consideration money it becomes clear that for the flat in question, the sum of Rs. 21,00,000/- was paid by the complainant to the developers under the followed agreement.

6. It is in the evidence on affidavit that the delivery of possession in respect of the said flat was made on 15.11.2018. it is also evident from the evidence on affidavit that the developers neglected to execute and register a sale deed in respect of the property in question. They have also filed to hand over the possession certificate and completion certificate. Undoubtedly the complainants are entitled to copies of the aforesaid certificate and are suppose to have a registered sale deed in respect to the property in question.

7. The developers were guilty of delay in delivering possession, they have also abstained in regularity in the matter of execution and registration of the sale deed. They have unjustly detained themselves from handing over the possession certificate and completion certificate in favour of the complainant. They should be compelled by issuing appropriate order to execute and register sale deed and also to deliver the completion and possession certificates and also to pay compensation to the complainant for the laches they committed. They will also pay litigation cost amounting to Rs. 30,000/-. The compensation to which the complainants are entitled maybe calculated of Rs. 3,00,000/-. Hence, it is ordered that the case is allowed exparte. The O.Ps. will execute and register a sale deed in respect to Flat No. 3C in the 3^rd Floor of the multi storied building appertaining to Dag No. 317 in favour of the complainant within 3 months, hence they will also hand over to the complainant a copy of completion certificate and possession certificate within the aforesaid period (3 months), O.P. No. 1 to 4 (developers) are directed to pay compensation  of Rs. 3,00,000/- and litigation cost of Rs. 30,000/- - totaling Rs. 3,30,000/- - to the complainants within 30 days, hence, failing which the amount will accrue interest at the rate of 11% per annum.

Let plain copy be given to the parties free of cost as per C.P.R.

Dictated and corrected by 

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT