HON’BLE SUDIP NIYOGI PRESIDENT FACTS Briefly stated, the complaint case is that the complainant and proforma Opposite Party No. 5 being the co-owners in respect of their land as mentioned in the schedule to the complaint had entered into a development agreement dated 23/12/2014 with the Opposite Parties No. 1 to 4 for construction of a four-storied building on the said land. As per the said development agreement, the said developer shall pay Rs.13,50,000/- to the complainant out of which Rs.5,00,000/- was already paid. As per the agreement, the developers would deliver the possession of the owner’s allocation and balance amount within 24 months from the date of the agreement. The developers would also bear the shifting charges for the co-owner during the period of construction. The co-owners also executed one Power of Attorney which was duly registered in favour of Opposite Parties No. 1 to 4 on 16/01/2015. Complainant alleged that the developers/Opposite Parties despite repeated request did not deliver the possession of the co-owners in the newly constructed building. So, complainant filed this case praying for a direction upon the Opposite Parties to hand over possession of the owner’s allocation along with possession letter, consequential relief, compensation and cost of litigation etc. Opposite Parties No. 1 to 4 did not contest this case by making appearance and filing written version. However, proforma Opposite Party No. 5 submitted one written version claiming that the developer did not hand over the possession to her etc. Now, the point for consideration is if the complainant is entitled to relief (s) in this case. FINDINGS Complainant besides filing evidence, produced a number of documents namely, the agreement for development, one Power of Attorney in favour of the Opposite Parties No. 1 to 4, one copy of order dated 04/08/2016 passed in Complaint Case No. 110 of 2016 by District Consumer Disputes Redressal Commission, Kolkata Unit- II. Complainant also filed brief notes of argument. We have gone through the same. The development agreement revealed that such an agreement had been entered into between the complainant and her other co-sharer i.e. proforma Opposite Party No. 5 and the Opposite Parties No. 1 to 4 for construction of a four-storied building on the land of the land owners for which they had executed one Power of Attorney in their favour. The order dated 04/08/2016 in Complaint Case No. 110 of 2016 revealed that the said case was initiated by the complainant and the proforma Opposite Party against the present developers wherein the complainants got an ex parte order in their favour and the Opposite Parties were directed to pay the shifting rent to the complainant as agreed upon in the development agreement. During argument, it has been submitted though the construction of the building was already completed but the developers are neglecting to the request of the complainant to hand over their possession. Having gone through the entire materials on record and hearing the submissions on behalf of the complainant, we find the complainant is entitled to get relief in this case as prayed for and they are entitled to an order directing the Opposite Parties No. 1 to 4 to hand over the possession of the owner’s allocation along with possession letter in accordance with the agreement entered into between them. They are also entitled to compensation of Rs.20,000/- and cost of litigation of Rs.3,000/-. Accordingly, it is ORDERED That the instant case be and the same is allowed against Opposite Parties No. 1 to 4 ex parte. That the Opposite Parties No. 1 to 4 are directed to hand over the possession of the owner’s allocation in terms of the development agreement dated 23/12/2014. That said Opposite Parties are also directed to pay Rs.20,000/- (Rupees Twenty Thousand Only) for compensation and Rs.3,000/- (Rupees Three Thousand Only) towards cost of litigation to the complainant. Opposite Parties No. 1 to 4 are jointly and severally liable to comply with the aforesaid order within 45 days from the date of this order, failing which complainant shall be at liberty to proceed in accordance with law. If the amount of compensation is not paid within the stipulated time, the said amount shall carry interest @ 8 % p.a. which the aforesaid Opposite Parties No. 1 to 4 shall be liable to pay. Dictated and corrected by me | 
