Hon’ble Mrs. Soma Bhattacharjee, Member
The complainants Pravati Mondal and others have filed CC/893/2018 against Shree Sai Construction represented by its sole proprietress Poly Bagui, U/s 12 of C.P. Act, 1986 in a matter of housing dispute. The complaint is valued at Rs. 70,10,000/-.
To state in a nutshell the complaint case is as follows: The complainants were co owners of a plot of land measuring about 14 decibel, at municipal holding no. 22 Chowdhury Para Road Kol 7000124. They entered into a registered development agreement dt. 14.03.2013 with a OP for construction of a multi storied building after obtaining sanctioned building plan, on certain terms and condition specifically mentioned in the development agreement. The complainants had also executed a registered development power of Attorney dt. 14.03.2013 in favour of the OP.
The OP had obtained a building sanction plan from the Barasat Municipality and thereafter constructed a multi storied building.
After completion of the construction work the OP in the garb of transferring 60% of their allocated share had transferred more area to the intending purchasers and the complainants were kept in dark and when the complainants enquired about the handing over of the complainants proportionate share as per the Development Agreement, the OP on some pretext or the other gave assurance that some work was still pending and after completion of the pending work their (complainants) share will be handed over to them.
The OP had transferred and / or conveyed one shop room on the North-West portion of the newly constructed which was as per the Development Agreement dt. 14.03.2013 is under the allocated share of the Complainants.
It is pertinent to mention here that in the building sanctioned plan obtained by the OP from the Barasat Municipality specifically mentioned that the entire ground floor should be car parking and there is no mention of any shops.
The OP was supposed to give the rest of the 40% share out of the owner’s allocation on the ground floor.
As per the development agreement the owners are entitled to
- The entire second floor.
- A 450 sq. ft. flat of the 3rd floor.
- 300 sq. ft. on the 4th floor.
- 2 shop rooms on the front side of ground floor and one shop room on the back side of the ground floor.
The developer did not handover the above mentioned share of property to the complainants. Thereby being negligent and deficient in service towards the landowners who are consumers for handing over their land for construction by the developer. Moreover, the complainants were harassed as because Chairman Barasat Municipality sent them a letter dt. 12.09.2013 directing them to stop construction for deviation from the sanctioned plan. Although the landowners / complainants had no hand in the construction of the structure they were accused by Barasat Municipality since their names were recorded as landowners.
The complainants filed CC/893/2018 against the OPs who neither entered appearance nor filed W/V or evidence for which the case proceeded ex parte. The complainants prayed for completion certificate and compensation for delivery of constructed area much less than agreed upon.
Heard the submission of the Ld. Counsel of the complainants. He prayed for compensation of Rs. 5,00,000/- for harassment and deficiency of service by the developer. He also prayed for completion certificate to be handed over by the developer to the complainants.
Considered the complaint petition, the development and other document annexed. Considered the submission of the Ld. Counsel.
In this context, reference may be made to Civil Appeal No. 4000 of 2019 decided on 11.01.2022 by the Hon’ble Apex court. The Hon’ble Apex Court observed: “This continuous failure to obtain an occupancy certificate is a breach of obligations.......... amounts to continuous wrong – appellants are entitled to damages arising out of this continuous wrong.”
Accordingly, CC/893/2018 succeeds ex parte.
The OP / developer is directed to handover completion certificate of the premises to the complainants within 3 months from the date of pronouncement of this order.
The OP / developer will pay a compensation of Rs. 4,00,000/- for failure to handover completion certificate and handing over possession of property much shorter than the space agreed upon, within 3 months of date of pronouncement of this order. Failure to comply will carry an interest of 6 % p.a. till realisation.
If the OP fails to comply with the final order, the complainant will be at liberty to put the order into execution.
Free plain copies be delivered to all parties.
