1. Complainant no.1 is the wife and complainant no.2 and 3 are sons of Laxmi Narayan Sen and Laxi Narayan had one cottah 6 chittak 15 sq.ft land on R.S. plot no. 1516 in Jangra Mouja under Baguiati P.S. and complainant no. 2 and 3 purchase two cottah land of the said plot being no. 1516. Laxmi died leaving behind 3 complainants and two daughters. The daughters transferred their share in favour of complainant no. 1. Thus, the complainant became the owner of 3 cottah 6 chittak 15 sq. ft pertaining to plot no. 1516.
2. The opposite parties (the developers) made an agreement with the land owners (complainant no.1, 2and 3) in 06.01.2014 for raising a multi storied building on the said land. As per development agreement dated 06.01.2014 the land owners were supposed to get 45% of the constructed area and the developers agreed to sell for 400 sq. ft covered area from the developers’ allocation to the land owners at the price of Rs. 2000/- per sq. ft.
3. It is the case of the complainants that the aforesaid 400 sq.ft. was increased to 466 sq.ft. and price of the 466 sq.ft. @Rs.200/- was paid by the land owners. But the developers did not hand over the said flat and also did not execute and register the sale deed therefor. This is why they have filed this case against the developer seeking reliefs.
4. The developers did not contest the case by filing written version or questionnaire or evidence or BNA for which the case has been heard exparte. In support of their case the complainants have filed evidence on affidavit, the development agreement, the letters which were exchange in between the developers and the land owners in addition to BNA and other relevant documents.
5. The only question that needs to be decided in this case is whether the complainants are entitled to get delivery of possession in respect of the flat admeasuring 400 sq. Ft. and or to get an order directing the OPs for causing or execution and registration of sale deed etc etc or not.
6. At this stage it may be pointed out that there is no dispute between the parties in regard to the allocated 45 per cent of constructed area to the complainants. It is an admitted fact that the complainants were owners of 3 cottah 6 chittak and 15 sq.ft. land appurtenant to R.S.plot no. 1516 within Mouja Jangra and the said land was the subject matter of the development agreement which was made by them with the developers (OPs) on 06.01.2014. From the contention advanced by the Ld. Advocate of the complainant we get it that the construction work in terms of the development agreement has already been carried out and the owners got 45 per cent of the constructed area from the developers. It has been categorically given out by the Ld. Advocate of the complainant that the complainant has got possession of 466sq.ft. on the ground floor for which full payment @ Rs.2000 per sq.ft. was made to the developers. Money receipts and evidence on affidavit are fully consistent for such submission of the Ld. Advocate. It is frankly admitted by the Ld. Advocate of the complainant that the claim of the complainant will be satisfied if execution of sale deed in respect of the aforesaid 466 sq.ft. flat being no. GB in the ground floor is made by the developers and proper compensation and litigation cost are paid to the complainants.
7. The mere fact that the Ops have skipped the trial of this case goes to suggest that they did not and do not have any ground to raise to oppose the claim and the complainants. The documents filed by the complainant such development agreements, evidence on affidavit, copies of lawyers notices, money receipts etc. Have not also been challenged by the OPs and those unchallenged documents are sufficient to prove that payment for the aforesaid flat being no. GB was made by the complainant in favour of the OPs and the said flat does not fall within the owner’s allocation i.e. to say 45% of the constructed area. Since they have accepted the consideration money for the said flat and they have put the complainants in possession thereof, the developers would go-in-for execution and registration of sale deed for the same. Therefore, the complainant would get an order to that effect from this Commission.
8. For the inaction or negligence on the part of the developers, we see, the complainants have suffered a lot physically and mentally. Therefore there should be an order for payment of compensation of Rs. 50,000/- in their favour. On account of litigation cost they will get Rs. 20,000/-.
9. Hence it is ordered that the case be and the same is allowed in part exparte with costs.
10. The OPs will execute and register a sale deed in respect to the flat being no. GB admeasuring 466sq.ft. on the ground floor at Radhamonmohan Apartment F/G-17, Arvindo Sarani, Jangra, Baguiati within a period of 90 days hence. They will also pay compensation of Rs. 50,000/- and litigation cost of Rs.20,000/- to the complainant within a period of 45 days hence failing which the amount be accrue interest @Rs.12% p.a.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT