This is a complaint made by one Smt. Bani Dutta wife of Sri Asim Dutta of 2/30, Sanghati Colony, P.S. Netaji Nagar, Kolkata-700092 against Raju Singh, Director of Mallington Project Pvt. Ltd., of 2B, Dinesh Das Sarani, New Alipore, Kolkata-700053, Sri Indrajit Chatterjee of 8, Sodepur Road, P.S. Haridevpur , Kolkata-700082, Sri Monojit Chatterjee of Writers Para, Haridevpur, Kolkata-700082 and Sri Premjit Chatterjee of 186/N, Ustad Amir Khan Sarani, Haridevpur, Kolkata- 700082 praying for a direction upon the OPs not to transfer the flat measuring about 750 Sq. ft. described in the schedule and direction upon the OPs to execute Deed of Conveyance in favour of the Complainant and also for handing over possession of the schedule property and provide service as per agreement and also for compensation of Rs.1,00,000/- and litigation cost of Rs.25,000/-.

       Facts, in brief, are that OP No.1 is a promoter and other OPs are land owners. Complainant on 2/9/2011 entered into an agreement for sale with all the OPs regarding the landed property situated at Dag No.268 & 199, Khatian No.53, J.L.No.12, Mouza Sayedpur, and Premises No.134 under Haridevpur P.S.

       It was agreed between parties that a flat consisting of two bedrooms, one drawing-cum-dining space, one kitchen, two toilets and one verandah measuring about 750 Sq. ft. super built up area proportionate share will be handed over at a consideration of Rs.15,00,000/- out of which Rs.13 lakhs has been paid but did not execute any sale deed in favour of the petitioner. On several occasion Complainant requested the OPs to complete the construction and handed over the flat and also for conveyance deed. After being convinced Complainant signed on the agreement dated 2/9/2011 but till now he has not received possession of the flat, So Complainant filed this case.

       OP No.1 filed written version and denied all the material allegations of the complaint. It is stated in the complaint that there is no cause of action. Further it is stated that Complainant did not comply the obligations of the agreement for sale and she cancelled the agreement and asked for refund of money. As such OP No.1 sold the flat on 26/8/2013 to one Bhola Singh. Complainant insisted for refund of money. Further OP has stated it is true that Complainant paid Rs.13 lakhs but did not pay in accordance with the terms of the agreement and so OP could not complete the construction and hand over possession to the Complainant. Complainant did not make request for completing the flat and handing over. Complainant always asked for refund of money and OP asked that he will give it after selling the flat. So he has prayed for dismissal of the complaint. Other Ops have not filed written version.

       Decision with reasons

       Complainant has filed affidavit-in-chief wherein he has stated the facts made out in complaint. OP No.1 has filed questionnaires against the affidavit-in-chief of the Complainant. Complainant has replied to the questions. OP No.1 has also filed evidence-on-affidavit wherein he has reiterated the facts mentioned in the written version.

       On perusal of records it appears that vide Order No.14 dated 23/8/2016 the dispute between Complainant and OP No.1 has been compromised and to that effect an order has been made.

       Now the question remains about reliefs against OP No.2 to 4 who are admittedly owners. On perusal of the agreement for sale it appears that the agreement for sale has been signed by OP No.1 and Complainant. As such the relief which has been prayed by the Complainant against OPs is against the developer who is OP No.1. Since Complainant compromised the dispute with OP No.1 the question of relief against other OPs do not arise and in all probability it has to be dismissed.

       Hence,

       O R D E R E D

            CC/67/2016 and the same is allowed on compromise against OP No.1 in terms of compromise petition and dismissed against other OPs.