Judgment : Dt.5.1.2018

Shri S. K. Verma, President

            This is a complaint made by one Sri Sanjib Banerjee, son of Late Madhab Banerjee and Smt. Anusua Banerjee, wife of Sri Sanjib Banerjee, both residing at 31A, Chandi Charan Ghosh Road (James Long Sarani), ‘Shibaloy Apartment’, P.S.-Thakurpukur, Kolkata-700 008 against Sri Amit Kumar Dey, son of Late A.C.Dey, residing at 79-9B, A.J.C. Bose Road, P.S.-Entally, Kolkata-700 014, OP No.1, M/S Gourangalal Amritlal Chatterjee Pvt. Ltd. Co., having its registered office at 164/A/9 Lake Gardens, P.S.-Lake, Kolkata-700 045, promoter cum developer and constructor represented by the Director Sri Ranjit Kumar Chatterjee having its office at 164/A/9, 164/A/9 Lake Gardens, P.S.-Lake, Kolkata-700 045,praying for execution and registered deed of conveyance in favour of the Complainant and to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.

            Facts in brief are that OP No.1 is absolute owner of the land mentioned, measuring about 3 cottahs 12 chittaks 15 sq.ft. situated and lying at premises No.31A, Chandi Charan Ghosh Road (James Long Sarani), ‘Shibaloy Apartment’, P.S.-Thakurpukur. OP No.1 constructed a portion of the boundary wall and a portion of the structure of the building at the said premises in accordance with the plan sanctioned by KMC on 16.4.1993. OP No.1 approached the OP No.2 to complete the remaining work of the building. OP No.2 is a promoter. OP No.1 approached the OP No.2 to undertake the complete and partly constructed 4 storied building on the land. Thereafter, OP No.2 made construction of two flats in the 2^nd floor covering the entire 2^nd floor and one car parking space in the ground floor were constructed. It was agreed between the OPs that in pursuance of agreement OP No.1 allowed OP No.2 to construct a 4 storied building. OP No.2 was allocated two flats No.1A & 1B and 3A & 3B in the third floor and the remaining covered car parking space in the ground floor. The joint venture between the parties and Complainant was given possession after being complete construction and paid a sum of Rs.2,50,000/-. But till now OPs have not made the conveyance deed in favour of the Complainant.  So, Complainant filed this case.

            OPs did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the copy of the joint venture agreement, it appears that there took place an agreement between Sri Amit Kr. De being land owner, Gourangalal Amritlal Chatterjee Pvt. Ltd, being developer and Sri Brajo Gopal Banerjee, son of Late Bani Kanta Banerjee, residing at 140B, Becharam Chatterjee Road, Behala, Calcutta-700034, the 3^rd party. Further it appears that another agreement has been filed which is between Gourangalal Amritlal Chatterjee and Amit Kr. De. However, this agreement which is dt.27.11.2000 is signed by Sanjib Banerjee and Aanusua Banerjee who are Complainants in this case. Schedule of property mentioned in this  does not make it clear as to what  these two Complainants purchased and what are the property of which they have got possession. Neither the allegation of the Complainant is clear nor the original documents filed and as such, we are of the view that Complainants are not entitled to any relief.

Hence,

ordered

           CC/514/2017 and the same is dismissed on contest.