DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

       SOUTH 24 – PARGANAS,

       AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

                C.C. CASE NO. 141  OF 2019

DATE OF FILING: 21.8.2019                    DATE OF  JUDGEMENT:  26.11.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member         :   Jagadish Chandra Barman              

COMPLAINANT      :  1. Sri Pranab Kumar Chakrabarti

                                     2. Sri Pijush Chakraborti

                                     3. Sri Apurba Chakraborti

                                     All sons of late Jatindra Nath Chakraborti of 516, Aghore Sarani, P.O Rajpur, P.S Sonarpur, Kolkata- 149, Dist. South 24-Parganas.

• VERSUS  -

O.P/O.Ps                    :   Sri Debasish Mondal, son of late Narayan Chandra Mondal , Rajpur Barendra Para, P.O Rajpur, P.S Sonarpur, Kolkata-149, South 24-Parganas.

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JUDGMENT

Sri Ananta Kumar Kapri, President

          Facts leading to the filing of the instant case may be epitomized as follows.

          The complainants are land owners of the land succinctly described in schedule to the complaint. They decided to develop the land and, therefore, a development agreement dated 24.3.2017 was struck between them and the O.P , whereby the O.P agreed to raise a multistoried building upon the land of the complainant. The work of the building was to be completed within 30 months from the date of sanction of building plan. But, the O.P has not started the work of construction as yet. Requests after requests made by the complainants to the O.P for installing the construction work have failed to evoke any response within the O.P. The complainants have, therefore, filed the instant case, praying for cancellation of development agreement, delivery of vacant possession by the O.P and also for payment of compensation of Rs.5 lac by the O.P. Hence, this case.

          Notice of the case has been served upon the O.P vide postal track report kept in the record. He has not turned up to contest the case and, therefore, the case proceeds exparte against the O.P.

            Upon the averments of the parties, the following points are formulated for consideration.

                                      POINT FOR DETERMINATION

1. Is the O.P guilty of deficiency in service as alleged by the complainants?
2.  Are the complainants entitled to get relief of reliefs as prayed for?

  EVIDENCE OF THE PARTIES    

Petition of complaint is treated as evidence of the complainant in terms of his  petition dated 22.11.2019.

DECISION WITH REASONS

Point no.1 & 2   :

           The complainant has stated in the petition of complaint ,which is treated as their evidence, that the O.P has not yet started construction work of the building and that period of completion of building has already expired. They have filed a copy of development agreement, wherefrom it is seen that the parties executed a development agreement on 24.3.2017. Clause 5(a) , page 12 of the development agreement lays down as follows :-

          “To complete the construction of the said building within 30 months from the date of sanction of plan from the Rajpur Sonarpur Municipality . If not completed, then agreement shall be cancelled / Mutual understand with Lane owners and Developer shall pay Rs.8,00,000/- to the owners as compensation”.

           The work of construction has not been completed within the agreed period . Even, the said work has not been started by the developer i.e the O.P , as goes the evidence adduced by the complainant. This evidence has remained unchallenged and unrebuted. We cannot disbelieve this evidence of the complainant.

           Regards being had to this evidence of the complainants, we are of the opinion that the O.P developer has lost all his interest whatsoever he had in the construction of the building and, therefore, the development agreement should be cancelled. The complainants are entitled to get the relief or reliefs as prayed for and relief is accorded as hereunder.

            In the result, the case succeeds.

            Hence,

                                                                   ORDERED

            That the complaint case be and the same is decreed exparte against with a cost of Rs.5000/-.

          The development agreement dated 24.3.2017 executed between the parties is hereby cancelled.

          The O.P is directed to pay compensation of Rs.3 lac to the complainants for his deficiency in service , arising  out of his inability to construct the building on the schedule land.

          The O.P is also directed to deliver possession of the schedule land to the complainants .

             Registrar-In-Charge of this Forum is directed to send a certified copy of the judgment free of cost at once to the parties concerned by speed post.

                                                                                                                   President

I / We agree

                                                          Member

          Dictated and corrected by me

                             President