1. OP no. 1 and 2 being developers entered into an agreement on 28.07.1995 with the land owners (i.e. OP no. 3-10) for development of 5 cattah 6 chittack land appurtenant to plot no. - 1467, Khatian no.-225 within Mouza- Noapara in the District of North 24 pgs into a multi stories building and in view of such development agreement OP no. 1 and 2 got a plan sanctioned and approved by the competent authority. A general power of attorney was executed and registered by OP no. 3-10 in favour of OP no. 1 and 2 on 22.12.2015 conferring upon OP no. 1 and 2 absolute right to sell, transfer, convey or alienate the flats of the proposed building to the independent buyers. The developers then started to raise construction and also to invite perspective buyers for sale of flats. The complainant being in need of residential accommodation approached the developers, had talks with them, went through the relevant papers and agreed to purchase a flat measuring about 1800 sq.ft. on the 4^th floor on the South, West, North side at Rs. 9,45,000/-. Accordingly, an agreement was made on 08.11.2004 following the terms of which a payment of Rs. 8, 20,000/- was made and the balance amount was due to be paid at the time of execution and registration of sale deed. But the developers did not finish the construction work and did not execute & register sale deed although the flat was handed over on 12.10.2014. On several occasions the complainant requested the developers for sale deed; but in vain. Even the developers did not respond to the letters sent by the complainant on 09.02.2015 requesting them to execute and register deed of conveyance and also to complete the unfinished work. This is why the complainant has filed this case seeking praying for direction to the OP for execution and registration of sale deed and also for completion of the unfinished work together with compensation of Rs. 3,00,000/- and for delivery of completion certificate etc.
2. With a view to contest the case OP no. 1 and 2 have not filed W/V but OP no. 3, 4, 5, 6 and 7 (the land owners) filed questionnaire touching upon the evidence of the complainant and also filed evidence and BNA. But the developers (i.e. OP no. 1 and 2) abstained from contesting the case by filing W/V, questionnaire, evidence and BNA for which the case was heard ex parte as against them. The case of the contesting OPs as reflected in their W/V, evidence or BNA is that the power of attorney executed in favour of the developers was cancelled on 06.04.2018 and that they were not party to the agreement for sale. It is also the case of the contesting OPs that they are not bound to execute and register the sale deed in respect to the flat in question.
3. In support of his case the complainant has filed the copy of agreement, copy of plan, copy of evidence on affidavit, copy of possession letter etc and those documents have gone unchallenged. For being unchallenged those documents are supposed to carry unfettered evidentiary value. From documents on record it is abundantly clear that the complainant having agreed to purchase 1800 sq.ft. flat on the 4^th floor on the proposed multi storied building, got an agreement executed on 08.11.2004 and came in possession on 12.01.2014. It is an admitted fact that the developers were authorised to deal with the flats on 08.11.2004 and also on 12.01.2014 by virtue of power of attorney granted by the land owners. Admittedly the power of attorney was revoked on 06.04.2018. Similarly it is also apparent from the material on record that a part of consideration money that is to say Rs. 9, 45,000/- – Rs. 8, 20,000/-= Rs. 1, 25,000/- still remains unpaid. OP no. 1 and 2 who are the developers can stake claim at the aforesaid amount of Rs. 1, 25,000/-.
4. From the copy of plan it is found that the construction of G+4 storied building at the proposed site at A.K. Mukherjee, Road, Kolkata-700090 was allowed to be raised by the concerned Municipality till 28.05.1998. The said plan does not relate either on 08.11.2004 but when the development agreement was signed on 28.07.1995, the developers were at liberty to raise G+4 storied building at A.K.Mukherjee Road, Kolkata-700090, therefore, the contention of the Ld. Advocate of the land owners that the developers unauthorisedly constructed 4^th floor at the proposed site does not impress to us.
5. The developers acted as agents of the land owners while dealing with the flats of the proposed building. The agent as well as the principal are equally responsible for the act done by the agent. Therefore, they cannot shirk off the liability for subscribing their signature to the deed of sale in respect to the said flat. Therefore they will also be brought under order to execute and register the sale deed along with OP no. 1 and 2.
6. The case of the complainant relating to the unfinished work does not dig the earth as because he has since been occupying the said flat for more than 7 years. It stands to reason that the flat which was built on 12.01.2014 was inhabitable condition. Therefore, there will be no direction to the developers and other OPs for rendering the said flat complete in all respects.
7. But it is quite clear from the record that the complainant had to put up for pain, agony, anxiety and harassment before coming in possession of the flat. He continued to suffer nearly 9-10 years. He is surely entitled to some compensation from the developers and the amount of compensation may be fixed at Rs. 1, 30,000/-. The complainant is also bound to pay Rs. 1, 25,000/- to the developers under the sale agreement. The said amount will go for adjustment. Therefore, the developers will be under direction to pay Rs. 5,000/-. The complainant will also get litigation cost of Rs. 10,000/-.
8. There should be a direction to the OPs for execution and registration of sale deed and also for delivery of a copy of completion certificate.

The case is thus disposed of with the following directions:-

1. OP no. 1 and 2 will pay Rs. 5,000/- for compensation and also Rs. 10,000/- for litigation totalling Rs. 15,000/- within 45 days hence failing which the amount will carry interest @10%p.a.
2. All the OPs will execute and registered sale deed in favour of the complainant in respect to the property in suit within a period of 45 days.
3. The OP no. 1 and 2 will also hand over a copy of completion certificate to the complainant within 45 days.

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

Dictated and Corrected by

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT