SHRI REYAZUDDIN KHAN, MEMBER

This is an application U/S.35 of the C.P. Act, 2019.

The case of the complainant in brief is that the complainant is the land owner of the land measuring 2 (Two) Cottahs 8 Chittakas situated at 53 B Tiljala Masjid Bari Lane,P.S.Karaya Ward No.65 Kolkata-39.The complainant entered into an” Agreement for Development “ with a developer (Opposite party)  on 1^st May 2017.

The complainant intended to develop the plot of land by constructing (G+5) building  for that reason he came to an agreement  with the developer.The agreement highlighted with the condition that the complainant  allocated 50%  ( ie, 900 sq.ft  ground floor and 1700 sq ft .on the 2^nd floor ) area after giving all old tenants area on the ground floor with the entire 2^nd  floor area as allocated portion and rest 1^st floor, 3^rd floor,4th and 5^th floor to the developer’s  allocation.

The complainant stated that the OP has completed the entire construction of the building but till date he has not handover the allocated portion in favour of the complainant as per the agreement. The complainant had requested on several occasion to handover the said allocated portion of the newly constructed building but the OP deliberately and intentionally failed to do so. Complainant also stated that the value of the owner’s allocation is about 90,00,000.

The stipulated period of handing over the allocated portion  is already expired and the allocated prortion  is not handed over to the complainant. The cause of action arose on and from 01.05.2017 and lastly on 10.03.2020 when the OP finally refused to handover the allocation in favour of the complainant which is still continuing and for justice the complainant has approached the Commission for relief as detailed in the consumer complaint.

 The OP has not entered appearance .No WV has been filed by the OP.It also appears that the stipulated period for filling WV by the OP has already been elapsed and as such the case do proceed ex-parte against the OP.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1)  Whether the OP is deficient in rendering proper service to the Complainant?
            2)  Whether the OP has indulged in unfair trade practice?

           3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

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 complainant has filed his Evidence supported by affidavit.  The case has been proceeded ex parte against OP . The OP has not filed the  E-Chief and not submitted their BNAs also. The complainant has filed his BNA.

The fact of the case in brief is that the complainant has entered into a development agreement with the OP on 1^st May 23017 for construction of G+5 stored building.As per the development agreement the complainant is allocated 50% area on the ground floor and entire 2^nd floor and rest portion is allocated to the OP after giving the tenants portions.The current valuation of the complainant’s share stand approx 90,00,000.

The Opposite party has completed the construction work of G+5 but he has not handed over the allocated portion of the complainant till date which shows the negligence and unfair trade practice on the part of the OP.It is also appears in the agreement of development between the complainant and the OP that the complainant  made a registered power of attorney in the name of OP.

service on the part of the OP is proved and the complainant is entitled to get relief/reliefs. 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 OP. Under the above circumstances, unfair trade practice and the gross negligence and deficiency.

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

 In the result, the Consumer Complaint  is allowed .

Hence,

   Ordered

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

1.  The OP is directed to hand over possession of the allocated portion as per the agreement of development to the complainant.
2. The OP is directed to handover the completion certificate to the complainant..
3. OP is directed to pay compensation of Rs 1,00000 ( Rupees One lakh *)only as mental agony, unnecessary harassment.
4. OP is directed to pay Rs 10,000 ( Rupees  ten thousand) as litigation cost.

The above mentioned orders are to be complied by the OP within a period of 04 months in default the complainant 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