Judgement

     SHRI  REYAZUDDIN KHAN,MEMBER

This is an application U/S.34 read with 35 of the C.P Act  of 2019

The case of the complainant in brief is that the complainant is the land owner of the land measuring 1 (One) Cottah 13 Chittakas more or less with 300 dq.ft.situated at premises no.P 291/P,Mudially Road,P.S-Metiabruz,PO-Garden Reach,Kolkata-700024.A development Agreement was executed between complainant and the OPs who are the developer dated 01.06.2018 before the Addl.District Sub-Registrar,Behala,South 24 Pgs.The OPs undertook to construct the Bastu land, R.S- Khatian Nos,94 and 99,L.R-Khatian Nos-17,167 &391,R.S &L.R Dag No.179 and 187 Within Garden Reach Municipality now under KMC Ward NO.135 P.S-Matiabruz with G+4 storied building.As per the development agreement, the OPs assured the complainant that after completion of the said building the OPs handover the complainant’s possession (owner’s allocation) flat on the entire 2^nd floor together with undivided proportionate share along with common areas.The OPs further promised to pay a non-refundable amount of Rs,1,00,000/(Rupees One Lakh) only by two instalments .Rs,30,000 at the time of signing of the agreement which the OPs already paid and another Rs,70,000/- to be paid at the time of handover of the owner’s allocation.The complainant stated that as per the development agreement the OPs promised  to the complainant that development should be completed within 24 months failing which the OPs are liable to pay Rs,10,000/ month as compensation till the handover of the flat.The complainant further stated that the OP parties  have till date failed to handover the entire 2^nd floor flat and consideration money as per development agreement and other legal formalities in favour of the complainant in spite of repeated requests.On 20.02.2023 the complainant sent legal notice to the OPs to solve the issue but the OPs did not pay any heed to the requests of the complainant.  The OPs are guilty of deficiency in service and unfair trade practices by not fulfilling their commitment.

In view of the facts and circumstances the complainants have no other option but to come to the Hon’ble commission for justice against the lack of transparency,lack of deceitful practices by the OPs.

Hence, the complainant prayed  for direction to OPs to handover the entire 2^nd floor of the said flat situated in the said property and to pay the balance amount as per development agreement dated 01.06.2018 and a compensation of Rs 3,00,000/ along with interest for more then 2 years and a litigation of Rs,50,000/ .                                              On perusal of records, it appears from order dated 08.09.2023 OPs failed to file their W.V in the statutory period and as such the case runs ex-parte against the OPs.

  Points for Determination

   1)  Whether the OPs are deficient in rendering proper service to the Complainants?
    2)  Whether the OPs have indulged in unfair trade practice

    3)  Whether the complainants are entitled to get relief or reliefs as prayed for?

 Decision with Reasons

Point Nos. 1 to 2 :-  

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.  

We have travelled over the documents placed on record. The complainants have filed his Evidence supported by affidavit. The case has been proceeded ex-parte against OPs . The OPs have not filed the E-Chief. The fact of the case in brief is that the complainants is the owner of Bastu land by Khatian No’s 17,167& 391,R.S & L.R Dag No.179 and 187 within Garden Reach Municipality now under KMC ward No.135 P.S- Matiabruz engaged the OPs to construct a G+4 stored building through a registered deed of development agreement dated 01.06.2018.The OPs assured the complainant that after completion of the building the OPs shall handover the owner’s allocation as mentioned above within 24 months from the date of execution of the development agreement dated 01.06.2018 along with an amount of Rs,1,00,000/  as non refundable amount and further promised to pay Rs,10,000/ month as compensation till handover of the flat in question.The OP parties completely failed to handover the flat till date and neglected the several requests of the complainant.

          In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service is observed.

In view of the above facts and circumstances we are of the view that the complainant has established his case against the OPs.

Hence,                                                    Ordered

That the complaint case be and the same is allowed  on ex-parte against OPs by following directions.

1.  The OPs are jointly or severally  are  directed to handover the subject flat to the  complainant.
2. The OPs are jointly or severally directed to pay Rs,50,000/ (Rupees Fifty Thousand ) only as compensation for unfair trade practice, harassment and mental agony with a litigation cost of Rs,10,000/-

The above mentioned orders are to be complied by the OPs within a period of 60 days in default the complainants will be at liberty to put the order into execution as per rules.

Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and

Judgment be uploaded in the website of the Commission for perusal of the parties