The complainant’s case in a nutshell is that The complainants Tapan Kr. Mitra and Tarun Kumar Mitra as per the Hindu Succession Act became the joint owners in respect of the property left by Late Santosh Kumar Mitra and the complainant no. 1 / Tripti Mitra died  During the joint possession the complainant decided to make new construction over the schedule property and searching for a competent person who could make new construction. The complainant states thes at the juncture of searching competent person one Ram Sakal Pasi who was the proprietor of the Partnership Firm viz Gita enterprise came to know desire of the complainants made contract with the complainants and approached them to raise multistoried building upon the schedule property and the Op Ram Sakal Pasi further induced the complainants narrating the advantage of raising (G+3) multi storied building instead of raising only residential building over the schedule property and the complainant agreed to the proposal of the op /Ram Sakal Pasi for multistoried building over the said property. The complainant states that inorder to making maximum gain the Op /Ram Sakal Pasi entered into an agreement with the complainant on 10.9.2012 and registered the Deed of Sale before A.D.S. R. Chandannagar being deed no. 02760 for the year 2012 Book no. I.C.D. Vol. no. 9, Page 4827 to 4852 on some terms and conditions mentioned therein. The complainant alleged that prior to execution of said agreement Op/ Ram Sakal Pasi entered into an unregistered Deed of Agreement incorporating some other terms and conditions and at the time of registration or  original Sale Deed of Agreement the op intentionally s……………of those clauses in the deed of Sale and said that if those clauses are kept in the agreement then the said agreement would not be registered and being apprehension the complainants were  compelled to act as had been narrated by the said op/ Ram Sakal Pasi. It is further stated by the complainant that in the said agreement it was mentioned that the ops would complete the said multi storied construction over the schedule property within three years from the date of sanction of building plan from the Chandannagar Municipality and if the construction is bnot completed within the stipulated time or stop unfinished condition the developer is liable to pay compensation to the owner s in mutual discussion amounting to rs.50000/- after proper verification.

            The complainants further states that the complainants  issued a registered Generl Power of Attorney in favour of the developer and the developer also issued Indemnity deed as per ….in the event of developer failed to construct the building within stipulated period and the developer undertook and indemnify complainants to  pay Rs.50000/- as compensation for damages and the construction may be extended upto 6(six) months otherwise the Developer agreement will be null and void . the complainants …. That during the pendency of construction work the said Ram Sakal Pasidied leaving behind him the opposite parties as his legal heirs . …….. During the life time ……complainants .during life time reminded Ram Sakal Pasi  time to time for the development of the construction work but the op/ Ram Sakal Pasi neglected  to do the same and also made some creditors in the locality getting their legitimate claim for supplying the building materials and after the des… of said Ram Sakal Pasi  the complainants sent notice to the ops through their Ld. Advocate on several occasions i.e. on 8.12.15 and 8.3.16 through registered post with A/D intimating the legl heirs the Power of  attorney which was given to Ram Sakal Pasi  had no force after the demise of Ram Sakal Pasi  and also requested the ops for completion of development work and to take necessary steps. The ops received the notice and refused to receive the same .  the complainant by sending the notice asked the op to disclose their stand in regrd to the development of the said property . But the ops did not pay any heed to the request of the complainant and as a result the complainants became homeless inspite of the fact that they are the joint owners of the schedule property.  The complainants have to bear severe mental paidn and agony and harassment as the ops have failed  to comply  the terms and conditions of the said agreement made by them.

           The complainants state  and contend that the ops have failed to comply the c onstruction work of the schedule property and it was happened due to the illegal trade practice made by the predecessor  of the ops. The Act and conduct of the op s tantamount to gross negligence to  perform their duties and due to such violence the complainants being a bonafied consumers under the Act and is entitled to get elief as prayed for and therefore, the complainant prayed direction before the Ld. Forum to pay consideration amount of Rs.300000/- along with 18% interest p.a. till realization  of the said amount and also prays for a direction to the ops  to pay the complainant a sum of Rs.20000/- for non- completion of building work as per agreement and also prays for an order directing the ops to complete the schedule construction work within 6 months in alternative cancel the development agreement . the complainant also prays for Rs.200000/-towards compensation and also prays for Rs.20000/- towards litigation cost.      In view of the facts and circumstances it is crystal clear that the ops did not provide service to the complainants. The ops have caused deficiency in service and unfair trade [practice for which the complainant had been suffering serve mental agony , anxiety and harassment.

                       So it is a fit case to hold that the complainant has proved the deficiency of service against the ops.

          Notice of this case duly served upon the ops but no ops are appeared . There was a paper publication but none appeared. Hence the case was fixed for exparte hearing.

            In this  connection to prove this case some documents have been filed by the complainants BNA and one Xerox copy of death certificate filed. One expunge petition filed by the Ld. Advocate to expunge the name of the complainant no. 1/ Tripti Mitra dated 4.8.17.

1.  Xerox copy of purcha.
2. Xerox copy of receipt of payment of bill of Municipality, Chandannagar(3 pages)
3. Postal receipt.
4. Xerox copy of Deed (10 pages).
5. Paper of Paper Publilcation Ekdin.

Hence it is ordered

      That the complainant ‘s case be and the same is allowed exparte. The complainant to get Rs. 200000/- of consideration amount from the ops, a direction upon the ops to pay Rs.50000/- for non- completion of construction work. Ops are also directed to pay Rs.10000/- to the complainant towards litigation cost. Ops are also directed to complete the schedule completion work within 6 months in alternate to concell the construction work agreement . the ops are directed to comply the above orers within 45 dys from the date of this order i.d. Rs.100/- per day shall be deposited by the ops and that should be deposited in the Legal Air Fund.

           Let a copy of this order be made over to the parties free of cost.