1. The OPs are the landowners and the developers and they entered into a development agreement on 21.10.2019 for the development of one kata 12 chittack 19 sq.ft. land situated at premises no. 29, Dakshindari Road, under P.S.- Lake Town. Power of attorney was granted by the landowners (OP no. 1-8) on 11.11.2019 in favour of the developers (OP no. 9-11). Consequently the developers started to raise construction on the aforesaid site and the complainant came in touch with OP no. 9-11 for purchasing a 400 sq.ft. flat on the 3^rd floor @ 2150 per sq.ft. An agreement was executed by and between them on 21.03.2021 and following the terms of agreement a sum of Rs. 7,30,000/- was paid by the complainant against receipt-although the price of the property was Rs. 8,40,000/-. A site plan in respect to the aforesaid 400 sq.ft. was also supplied by the developers to the complainant. The complainant, of course, was put in possession of the said unit although the developers showed apathy in the matter of execution and registration of sale deed in respect to the property in suit. This is why the complainant has filed this case seeking direction to the OPs for execution and registration of sale deed or in the alternative for refund and in addition to other reliefs by way of compensation, litigation cost etc.
2. None of the OPs filed W/V to contest the case for which the case was heard ex parte.
3. In support of his case the complainant has filed BNA, copy of agreement for sale dated 21.03.2021, evidence on affidavit, money receipts, copy of site plan of 400 sq.ft., site plan prepared by Nandana Bose etc. The documents filed by the complainant have gone unchallenged and it is abundantly clear from those unchallenged documents that Rs. 7, 30,000/- was advanced by the complainant towards the purchase of 400 sq.ft. flat. The site plan of 400 sq.ft. and the site plan of Nandana Bose tallies with each other. It needs to be mentioned here that the complainant on his own engaged a planner namely Nandana Bose for preparation of site plan of the flat in suit and the said planner issued a layout in respect to the same. As per report of Nandana Bose, the concerned dwelling unit having a super build up area of 328 sq.ft. but the sizes of the room, kitchen and toilet as noted in the site plan prepared by the developer perfectly matches with those appearing in the site plan of Nandana Bose. The site plan prepared by the developer relates to 400 sq.ft. Such being the position and the idea of super build up area being very much flexible and amenable to changes from place to place we need not find in the disparity between the two site plans. The dwelling unit which is under the occupation of the complainant is having a bed room, kitchen and toilet of same sizes as mentioned in the site plan prepared by the developer. The difference in area as appearing in between the site plans does not deserves serious consideration.
4. Fact remains that the flat which was agreed to be sold to the complainant is now under the complainant’s occupation and the complainant has only paid Rs. 7,30,000/- and kept (Rs. 8,40,000-Rs. 7,30,000)= Rs. 1,10,000/- unpaid. The complainant is under obligation to pay Rs. 1, 10,000/- to the developers. The story has unfolded by the complainant in the complaint about excess payment being made for the flat appears to be quite unfounded one; rather, the complainant has to pay Rs. 1, 10,000/- more for which there will be a direction to the complainant for payment to the developers within a specific period.
5. Since the developers have already realized a major part of the consideration amount and parted with the possession in favour of the complainant they will execute and register the sale deed after accepting the payment of the balance amount of Rs. 1,10,000/-. Due to the reluctance on the part of the developers in the matter of execution and registration of sale deed the complainant had to file this case and therefore, he will get some compensation from the developers in addition to litigation cost. A sum of Rs. 20,000/- is fixed as compensation and Rs. 10,000/- as litigation cost.
6. Since the complainant as being in the occupation in the flat in question the alternative prayer for making refund of the paid amount need not be taken into consideration; rather, it would not be justifiable to issue a direction to the OPs for execution and registration of sale deed within a specific time. On payment of the balance amount of Rs. 1, 10,000/-.

The case is thus disposed of with the following directions:-

1. The complainant will pay Rs. 1, 10,000/- without any interest to the developers within a period of 15 days hence and the developers will execute and register sale deed in favour of the complainant after a gap of 15 days within a period of 45 days.
2. The developer will also pay a sum of Rs. 20,000/- as compensation and Rs. 10,000/- as litigation cost totaling Rs. 30,000/ to the complainant within a period of 45 days failing which the amount will accrue interest @10%p.a.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT