1. OP 1 to 4 are the developers and OP 5 to 8 are the landowners in so far as 4 Cottahs 11 Sq.ft. of land at Mouza – Chandiberia appertaining to Plot No. 317 under P.S. – New Town, Kolkata – 700020 concerned. There was an agreement dated 24.05.2013 for development of the said land into a multi storied building. The developers accordingly took up the construction work.
2. The complainant, after inspection, selected a flat in the 1^st Floor being 1C of the proposed multi storied building which was priced at Rs. 15,40,000/- . The name of the multi storied building was “Ushashi - II” it was agreed on 18.01.2014 by and between the parties that flat would be delivered as per said agreement. The developers were due to deliver of the possession of the flat within 15 months.
3. As per money receipts, granted by the developers, in between 04.04.2013 and 10.08.2016 payment of Rs. 16,59,271/-  was made for the said flat in several installments. Para 4 of the BNA filed by the Ld. Advocate of the complainant reveals that Rs. 50,000/- out of Rs. 16,59,271/- was paid by the complainant for electric meter and Rs. 9,270/- for service tax. It further transpires that excess payment of Rs. 60,000/- was collected from the complainant by the developers in addition to Rs. 9,270/- and excess payment of Rs. 60,000/- + Rs. 9,270/- was and is refundable one. From the evidence on record it is abundantly clear that the developers made delay in effecting delivery of possession within 18 months. Possession was delivered on 15.11.2018 after delay of more than 50 months. It is the assertion of the complainant that the developers have issued neither possession certificate nor occupancy certificate up till now. They have also not executed and registered sale deed in respect to the flat. This is why the complainant has filed this case against the developers and landowners seeking appropriate reliefs.
4. In spite of having received notice about institution of the case against them the OPs have abstained from contesting the case since 10.03.2020, for which the case has been heard exparte.
5. Complainants have filed evidence on affidavit, copy of agreement dated 18.01.2014, money receipts for a sum of Rs. 16,59,271/- to prove his case. The money receipts appear to be quite consistent with the complainants’ story about payment of Rs. 16,59,271/- in favour for the developers. This goes without saying that in addition to Rs. 50,000/- for electric meter the complainants have paid excess amount of Rs. 60,000/- + Rs. 9,271/-, which is recoverable from the developers.
6. It is in the evidence on record that long after the lapse of 18 months from the date of execution of the agreement, delivery of possession was given. Naturally the complainants should be awarded adequate compensation for delay of more than 50 months in delivering of possession. We are of the view that a sum of Rs. 3,00,000/- maybe considered as adequate compensation for the abnormal delay in causing delivery of possession. The complainant, in our humble view, had to cough up no less than Rs. 50,000/- to proceed with this case for the last two years for the fault of the developers. The developers should be made to pay Rs. 50,000/- on account of litigation cost. The OPs have failed to perform their part of the contract as a result of which the complainant has not got the title deed, possession certificate and completion certificate so far.
7. Therefore, there should be direction to the OPs for execution and registration of sale deed and for handing over occupancy certificate and also possession certificate.
8. Hence, it is ordered that –

      the case be and the same is allowed exparte as against all the OPs. The OPs will execute and register a sale deed in respect of Flat No. 1C of the multi storied building appertaining to Plot No. 317 in favour of the complainant within 3 months hence. They will also refund of Rs. 69,721/- to the complainant within 3 months with interest @ 12% per annum from 10.08.2016. They will also hand over to the complainant a copy of completion certificate and a copy of possession certificate within the aforesaid period of 3 months. They will also pay Rs. 3,00,000/- as compensation and Rs. 50,000/- as litigation cost within 30 days hence, failing which the amount will accrue interest @ 11% per annum.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by 

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT