This is a complaint made by one Smt. Chhabi Mondal wife of Sri Ashoke Mondal daughter of late Bishnupada Das of Sonali Park Bagpota Road, P.S. Sarsuna, Kolkata-700061 against Sri Swapan Das son of Sri Nityananda Das of 39, Durgapur Colony, P.S. New Alipore, Kolkata-700053, Smt. Bela Rani Das wife of Late Bishnupada Das, Smt. Rekha Ghosh wife of Late Kalyan Ghosh, Sri Sankar Das son of Late Bishnupada Das praying for an order directing the OP No.1 to hand over the possession of self contained flat situated in the second floor described in Schedule ‘B’ and also an order directing OP No.1 to pay compensation of Rs.50,000/- and litigation cost of Rs.5,000/- .
Facts, in brief, are that Complainant’s father Bishnupada Das was the owner of bastu land and after his death sons and daughter namely; Smt. Chhabi Mondal daughter of Late Bishnupada Das and wife of Sri Ashoke Mondal, Sri Swapan Das son of Sri Nityananda Das, Smt. Bela Rani Das wife of Late Bishnnupada Das and Sri Sankar Das son of Late Bishnupada Das became the owner of the property. OP No.1 being the Promoter proposed to develop the plot of land mentioned in Schedule ‘A’ and construct a three storied building consisting of several small flats on each floor in accordance with plan sanctioned by the Kolkata Municipal Corporation. Accordingly, the development agreement was entered into between OP No.1 , Complainant and Proforma OP. It was agreed that OP No.1 shall construct a three storied building as per development agreement. OP No.1 construct the building and took possession of entire first floor and one flat on the ground floor as his allocation and also retained one flat on the second floor of the said constructed building. Despite the fact that as per agreement entire second floor, was to be allotted to the owners as their allocation.
In the first week of February, 2015 ground floor flat was allotted to Proforma OP No. 2 & 4 and on the second floor one flat was allotted to Proforma OP No.3. Further on the second floor one flat was allotted to Proforma OP No.3 and other flat is in occupation of the Developer. Complainant has not been allotted any flat.
So OP No.1 denied the allotment of flat in favour of the Complainant. Complainant issued a legal notice but that did not serve the purpose. So Complainant filed this case.
On the basis of above facts complaint was admitted and notices were served upon the OPs. But since OPs did not appear the case was heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief in which she has reiterated the facts mentioned in complaint petition. Complainant has also filed written argument where the contention of the Complainant is that OP No.1 intentionally did not allotted one flat at 2nd floor in terms of the agreement to her.
On perusal of the development agreement it appears that the Complainant was entitled to one flat and since Complainant did not allot the cause of action for filing this complaint arose. Since the facts remained unrebuted and unchallenged, we are of the view that Complainant is entitled to the flat in terms of agreement on the second floor.
Hence,
O R D E R E D
CC/230/2016 and the same is allowed ex-parte. OP No.1 is directed to hand over the possession of second floor flat as mentioned in Schedule ‘B’ of the complaint petition to the Complainant within two months of this order. In addition OP No.1 is directed to pay Rs.10,000/- as compensation and Rs.2,000/- as litigation cost within this period.
