Date of Filing : 05/08/2022
Date of Judgement : 03/10/2023
Sri Sudip Niyogi, Hon’ble President
Brief Facts
The Complainant, along with her two sisters being the co-owners of the scheduled property which was obtained by them by way of partition, entered into a development agreement with the OPs on 26/2/2016 for development of the said property. They also executed one power of attorney in favour of the OPs. The stipulated period for completion of the development after demolition of the old structure was 24 months with a grace period of six months. As per development agreement, the owners would get the entire second floor and also a 250 sq.ft. flat on the ground floor. But the OPs completed the developers’ allocation while neglected to complete the flat in owners’ allocation as per schedule to this complaint. They also failed to handover the scheduled property, despite being requested by the complainant through her Advocate, by way of a notice, which was served on them on 10/11/2022. So, the complainant filed this complaint against the OPs/Developers for an order to complete the owners’ allocation in the ground floor and handover the same and also supply the completion certificate, pay compensation, cost of litigation etc.
OPs did not appear to contest the case. So, it was heard exparte against them.
Point for determination is that, whether the complainant is entitled to any relief(s) in this case.
FINDINGS
On the prayer of the complainant, the petition of complaint along with the annexure filed on her behalf were treated as evidence on her behalf. The documents filed by the complainant include the copies of one deed of partition, one development agreement dt. 26/2/2016 etc. The development agreement reveals, it was made between the owners, including the complainant and the OPs/Developer. As per the said development agreement, owners to get the entire 2nd floor and one 250 sq.ft. super built up area flat in the back side of the newly constructed building. Apart from that, the owners would also get Rs.50,000/- as non-refundable after completion of the construction.
Here we find, complainant prayed for completion of the said 250 sq.ft. flat in the ground floor and completion certificate, compensation, cost of litigation etc. It is alleged that, despite repeated requests, OP did not complete the work in the said ground floor flat and handover the same to the owners.
Though the other co-owners have not been made parties in this case and complainant being one of the co-owners, filed this case, we do not find that in absence of the other co-owners the instant complaint is not maintainable. As the OP failed to produce their contention and following the unchallenged testimony of the complainant, we find complainant is entitled to an order for completion of the work in the said ground floor flat and for delivery of possession thereof and they are also entitled to completion certificate and also cost of litigation.
Accordingly, it is
ORDERED
That the instant complaint CC/484/2022 stands allowed exparte against OPs.
OPs are directed to complete the work in the 250 sq.ft. super built up area ground floor flat at premises No. 32, Sukanta Sarani, Ravi Nagar, P.S. Bansdroni, Kolkata 700040 and also to deliver possession thereof to the owners/complainant in accordance with the development agreement dt. 26.02.2016.
OPs are also directed to pay compensation of Rs.15,000/- and litigation of Rs.5,000/- to the complainant.
OPs are directed to comply with this order within a period of 60 days failing which, the complainant shall be at liberty to proceed in accordance with law.
Dictated and corrected by me
PRESIDENT
