No. 4/18.05.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Gouranga Gupta Roy, the Ld. Advocate, Respondent No. 1 through Mr. Prabir Basu, the Ld. Advocate along with Mr. Sourav Chatterjee, the Ld. Advocate and Respondent No. 2 through Mr. Jyoti Prakash Chatterjee, the Ld. Advocate are present.  Appellant files BNA.  Mr. Gupta Roy, the Ld. Advocate for the Complainant – Appellant advances two arguments against the impugned order stating that the direction for imposing liability of 50% cost of revised sanctioned plan on the Complainant without there being any pleading or evidence of any alteration of the structure or of any revised plan.  The next contention of Mr. Gupta Roy is regarding pump room alleging that the same has not yet been constructed.  Mr. Basu, the Ld. Advocate for the Developer agrees there was no revision of plan.  With regard to pump room Mr. Basu states pump room is yet to be constructed and the developer is agreeable to complete the construction of the pump room within one month.  The Ld. Advocate for the owners also do not have any further contention. 

Therefore, it appears that there is no difference between the parties as regards actual relief relating to construction of the pump room and execution and registration of the Deed of Conveyance in favour of the Complainant by the O.Ps.  We do not find that direction for payment of Rs.50/- per day upon the developer is justified on any material available.  Mr. Gupta Roy also does not show any material in support of such finding.

In the circumstance by consent of parties the impugned order is modified only to the extent that the direction of liability on the Complainant towards 50% cost of preparation and sanction of revised plan, is set aside.  The direction of payment of penalty of Rs.50/- per day on the O.P. No. 1 is also set aside being not supported by any material and as also agreed by the parties.  O.P. – developer agrees to complete the execution and registration of the Deed of Conveyance within a period of one month from today and also to obtain and furnish Completion Certificate to the Complainant within a period of three months from the date of this order.  Appeal is stands disposed of by consent of parties as aforesaid.