1. The OPs are the developers in respect to 2 cottas 9 chittacks 23 square feet of land appertaining to plot no. 1540 and 1541 within Mouja Digla under P.S Dumdum where a multi storied building was proposed to be constructed.
2. The Complainant who was in search of residential accommodation came to know about the proposed housing project of the OPs on 19.12.2018 and made an agreement with the developers on 14.02.2019 for purchasing a flat measuring about 610 square feet in the first floor of the proposed building at Rs. 11,00,000/- and accordingly made payment of Rs, 4,10,000/- Rs. 10,000/- was paid in cash and Rs.  4,00,000/- was paid by cheque being no. 782025 dated 14.02.2019 drawn on IDBI Bank. It was settled in between them that the flat would be handed over by 28^th February 2019 after accepting the balance amount of Rs. 6,00,000/-. But the flat was not handed over in time although the Complainant was willing to pay the balance amount. This is why he has filed this case seeking direction to the OPs for transferring possession and ownership in respect to the agreed flat or in the alternative to refund Rs. 4,10,000/- with interest, compensation and cost.
3. The OPs have filed W/V to contest the case denying the allegations incorporated in the complaint as against them. It has categorically been stated therein that the flat could be made ready for habitation within the month of February 2019. But the Complainant refused to pay the price of the increased area if 59 Square feet and this is the reason for which the talks could not be finalized.
4. The only point which is to be decided in this case is whether the Complainant is entitled to the relief sought for.
5. In support of her case, the Complainant has filed money receipts, copy of agreement, the copies of letters sent or received by her, evidence on affidavit and written argument. Those documents have not been challenged by the OPs in any way. The written version filed by them also does not have any grains to attack those documents.
6. Those unchallenged documents go to show that for purchasing a flat of 610 Sq.ft. the complainant paid Rs. 4,10,000/- to the OPs under a valid agreement.
7. The OPs have raised a claim that the area of the flat was increased from the 610 Sq.ft. to 669 Sq.ft., for which the complainant was liable to pay additional amount for 59 Sq.ft. area which was calculated at Rs. 1,08,000/-. But the said claim does not enjoy legal sanction. It is well settled that the claim for additional area of flat is not recoverable. But at the same time the balance amount of  Rs. 11,00,000/-  -  Rs. 4,10,000/-  =  Rs. 6,90,000/- still remain payable to the OPs. The complainant failed to keep his promise for payment of  Rs. 6,00,000/- to get the possession by 28^th February, 2019, now he may get the possession of flat after making payment of Rs 6,90,000/-. In the result the case succeeds.
8. The OPs are directed to deliver the possession and at the same time to execute and register a sale deed in respect to the 1^st Floor flat of the building at Holding No. 212, Bandhab Nagar Colony under P.S. – Dum Dum after accepting a sum of Rs. 6,90,000/- from the complainant within 60 days hence or in the alternative to refund Rs. 4,10,000/- with interest @ 10% with effect from 14.02.2019 and compensation of  Rs. 1,00,000/- and litigation cost of Rs. 50,000/- within the period of 60 days, failing which the said amount will accrue interest @ 14% PA.

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