Judgment : Dt.14.12.2017

Shri S. K. Verma, President

            This is a complaint made by one Smt. Santana Roy, w/o Sri Prasanta Kumar Roy, represented by her husband Sri Prasanta Kumar Roy, S/o Late Benoy Bhusan Roy of 413 Dakshin Behala Road, Nandalal Colony (Nator more), P.S.-Thakurpukur, P.O.-Sarsuna, Kolkata-700 061 against Sri Shishir Halder, s/o Swarna Kumar Halder, 9, Satya Narayan Pally, P.O.-Sarsuna, P.S.-Thakurpukur, Kolkata-700 061, OP No.1, and Mr. Shantu Dey, member of Sri Shishir Halder, Dakshin Behala Road, Shastir more, near Hem Chandra Naskar Vidyapith (Satyanarayan Pally, Kolkata-700 061, praying for a direction upon the O.P. to pay the due amount of Rs.2,50,000/- and issue the possession letter in favour of the Complainant in respect of the flat in the top floor measuring about 650 sq.ft., consisting of three bed rooms, one kitchen-cum-leaving dining, one W.C., one toilet and one verandah and further direction to pay the entire tax of the said premises and other reliefs.

            Facts in brief are that the wife of the Complainant became the absolute owner of the land mentioned in the schedule by way of deed of gift from her husband being Book No.I, C.D.Volume No.7 page from 464 to 477 being deed No.04552 for the year 2015 which was registered before the DSR-II, Alipore, South 24-Parganas.

            Due to financial crisis the wife of the Complainant intended to develop the land through the developer and OP No.1 in collusion and conspiracy with OP No.2 came to the house of the Complainant and approached the petitioner to allow them to develop the said land and after prolonged discussion in between the Complainant’s wife and the OP, it was decided that OP would develop the land and accordingly one development agreement was made between the Complainant and the OP No.1 which was registered before the DSR-II, being Book No.I, Volume No.1602-2015 pages from 40108 to 40127. In terms of the development agreement OP No.1, developer, will provide one flat measuring about 650 sq.ft. in the top floor consisting three bed rooms, one kitchen cum living dining one WC, one toilet and one verandah and the developer shall also pay an amount of Rs.6,50,000/- to the Complainant and the said amount will not be refundable amount. Accordingly, the developer completed the flat and provided the owner’s allocation in respect of one flat in the top floor measuring about 650 sq.ft. and paid Rs.4,00,000/- only out of total settled amount of Rs.6,50,000/- and Rs.2,50,000/- is still due. The developer did not issue the possession letter in respect of the owner’s allocation. Developer has not issued the completion certificate also. So, Complainant filed this case.

            OP did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief.

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

            In this regard, there is a development agreement between Smt. Santana Roy and Shishir Halder. On perusal of which, it appears that it was agreed between the parties that a flat of 650 sq.ft. and Rs.6,50,000/- was to be paid by the developer to the Complainant. It is the allegation of the Complainant that the possession letter has not been given.

            Since the OP did not contest the case by filing written version the allegations made by the Complainant remained unchallenged.

            Accordingly, we are of the view that Complainant is entitled to the relief as prayed for.

Hence,

ordered

            CC/292/2017 and the same is allowed ex-parte. OPs are directed to issue possession letter to the Complainant within three months of this order. They are also directed to pay Rs.2,50,000/- to the Complainant within this period, in default this amount shall carry interest @ 10% p.a. from the date of this order till realization.