This is a complaint made by Smt. Uma Bose, wife of Sri Suman Bose, residing at 9C, Bondel Road, First floor, P.S.-Kareya, Kolkata-700 019 against Sri Narayan Dey, son of late Nikhil Dey, residing at 223, Ramkrishna Pally, P.S.-Regent Park, Kolkata-700 070, praying for an order directing the OP to handover the owner’s allocation, an order directing the OP to pay Rs.10,00,000/- as compensation for harassment, mental agony, inconvenience caused to the Complainant and an order directing the OP to pay Rs.50,000/- as litigation cost.

            Facts in brief are that Complainant was the owner of the property measuring about two kathas, 0 chitka and 18 sq.ft. in Mouza- Brahmapur, J.L.No. 48, Parganas – Magura, Touzi No.60, Khtian No.481, Dag No.53, P.S.- Regent Park, South 24 Parganas.

            After death of Biva Guha, being the daughter the Complainant and her other brother and sister jointly got the property by way of inheritance. Due to the dearth of accommodation the Complainant and other sister and brother with an intent to develop the said premises entered into a registered development agreement for development of the land. In terms of the said agreement, the Complainant executed a registered power of attorney in favour of the OP to construct a new building, as per sanctioned plan. The construction of the building started. Thereafter, it was stopped. Complainant found that interms of agreement the building was to be a three storied building and Complainant was entitled to 40% of the total constructed area. But, OP has the plan to transfer the entire project for valuable gains. Complainant further states that in spite of requests and after issuance of letter OP did not comply the terms of the agreement and did not hand over Complainant’s share. So, Complainant filed this complaint.

            On the basis of the above facts, the complaint was admitted and notices were served through paper publication. But, since OP did not contest the case, the case is heard ex-parte.

Decision with reasons

            Complainant has filed a petition for treating the complaint as affidavit-in-chief and the petition was allowed.

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

            On perusal of the complaint petition, it appears that Complainant has prayed for a direction upon the OP to handover the owner’s allocation. It appears that a copy of the development agreement is filed which is between the Complainant and the OP.

            Since the given facts mentioned in the complaint remained un-rebutted and un-challenged, we are of the view that Complainant is entitled to the relief of handing over the owner’s allocation.

            Further, Complainant has prayed for compensation of Rs.10,00,000/- and litigation cost of Rs.50,000/-.

            In our view the award of compensation of Rs.10,00,000/- and litigation cost of Rs.50,000/- do not appear to be just. In view of the above fact that agreement was entered into between the parties in 2012 and this Complaint was filed on 1.8.2016 and also it remained un-challenged.

            Hence,

ordered

            CC/336/2016 and the same is allowed ex-parte in part. OP is directed to handover the owner’s allocation within four months of this order.