This is an application U/s 12 of the C.P.Act 1986 filed by the Tapan Kumar Dutta praying for direction on the Ops M/s East West Properties being a proprietorship firm represented by Sri Avhijit Sarkar and Op no.2 being Avhijit Sarkar himself to hand over his allocated Car  space  and also a copy of sanction plan and compensation of Rs.5.0 lakhs for mental agony and sufferings.

            The case of the petitioner is that he is the owner of the schedule mentioned property in municipal holding no. 550 of S.S.Bose Sarani, P.S. Serampur, Dist. Hooghly and entered into  an agreement with the Ops who are to make construction on the land on terms and conditions that the petitioner would be provided with Garage space of 300 sq.ft. for his car  on payment of Rs.3,00,000/- . The construction was made and the oP also received Rs.20,000 /- from the petitioner for said garage space  but did not hand over possession of the allocated garage space  of the petitioner compelling him to file this case.

The Ops though served with notice did not appear and contest the case and thus the matter is heard exparte against them.

            The only point to be decided here is whether the petitioner is entitled to get the reliefs as prayed for .

DECISION WITH REASONS :

            In support of  his case the petitioner filed affidavit in chief wherein he stated about the agreement between the petitioner and the oP and the refusal of the oP to hand over the garage space  to him and he also filed copy of the money receipts showing receipt of Rs.20,000/- by the oP from the petitioner and all these oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner.

            The petitioner is also entitled to compensation as being owner of the property he suffered both physical and mental agony by the Op.

            In the result the claim case succeeds.

            Court fees paid is correct.

                                                Hence ordered

            That the C.Case no. 171 of 2013 be and the same is allowed on exparte against the oPs with cost of Rs.1000/- to be paid by the ops to the petitioner.

            The petitioner is entitled to get the scheduled mentioned garage space of 300 sq.ft.  from the Ops who are directed to hand over the allocated space   to the petitioner within 30 days from the date of this order after receiving  the balance amount from the petitioner and   the oP is also directed to hand over one copy of Municipal  sanction plan of the said building to the petitioner and compensation of Rs.5,000/- for mental agony and sufferings,  failing the petitioner would be at liberty to put this final order in execution

            Let a copy of this order be made over to the parties free of cost.