Judgment : Dt.8.1.2018

Shri S. K. Verma, President

            This is a complaint made by one Sri Manoranjan Mondal, son of Late Madan Mohan Mondal of 93/24, Majlish Ara Road, P.S.- Behala, Kolkata-700 041 against Sri Raju Das, son of Panchu Das, proprietor of M/S Raj Constructions of 18/18, Chanditala Branch Road, P.S.-Behala, Kolkata-700 053, OP, praying for a direction upon the OPs to hand over owner’s allocations flat, shops, car parking  spaces on the ground floor to the Complainant and also to the other owners and also a direction to hand over possession certificate to all the owners and compensation of Rs.10,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that Complainant on behalf of owners Radha Rani Mondal, Nani Gopal Mondal and Shakuntala Das filed this case against developer. On 1.6.2012 Complainant along with other landowners entered into an agreement with the OP to develop a multistoried building on their land. As per the agreement OP was required to handover the 50% of the built up area to them and owners are also entitled to get 300 sq.ft carpet area of the car parking space. OP developed the building as per sanctioned plan. OP sold out several flats to several purchasers without taking any completion certificate from KMC an OP did not handover the owners’ allocation to the Complainant on the ground floor. OP made several deviations in the construction of ground floor flat as well as car parking space. Whenever Complainant requested OP to handover the owners’ allocation at ground floor, OP became furious and handed over the flat on the ground floor to third party Asiruddin Sheikh. OP did not construct the Care Taker room and also did not handover possession to Complainant and other owners. It is alleged that OP did not hand over possession of this. Since the allegations remained unrebutted and unchallenged, Complainant is entitled to owner’s allocation with other owner named in the development agreement.

            Complainant has also prayed for compensation to the tune of Rs.10,00,000/-. In this regard, it is clear that Complainant is not the only owner. There are three other owners and so compensation if any is to be  awarded has to be granted in favour of all.

            Since OP did not challenge the contention, we are of the view that all the owners are entitled to compensation of Rs.50,000/- each and litigation cost of Rs.5,000/- to the Complainant only.

            Hence,

ordered

           CC/341/2017 is allowed ex-parte. OP is directed to handover the owners’ share as per the agreement to the owners within three months of this order. OP is also directed to pay Rs.50,000/- compensation to each of the owners as mentioned in the development agreement within the above period. OP is also directed to pay Rs.5,000/- as litigation cost to the Complainant only, in default the above mentioned amounts shall carry interest @ 10% p.a. from the date of this order till realization.