Date of filing: 07/06/2022
Date of Judgment: 28/11/2023
Mr. Sudip Niyogi, Hon’ble President.
BRIEF FACTS
Complainants who were owners of the schedule property at Mouza Khardah, R.S. Dag No. 2794, R.S. Khatian No. 327 measuring about .1325 acre of land had entered into a registered development agreement with OP on 07/02/2018 for raising of G+4 building in the said premises at holding No. 9/8, Old Rashkhola Road, Ward No. 18 under Khardah Municipality, Kolkata – 116. They also executed one power of attorney in favour of the OP for developing the said property as per development agreement. As per the said agreement the owners would get 2450 sq. ft. of the total construction area in the said building and also received Rs. 23,00,000/- within two years from the date of execution of the agreement from the OP. Subsequently one of the owners Smt. Ila Mukherjee expired leaving behind all the complainants as legal heirs. OP had paid Rs. 7,00,000/- to said Ila Mukherjee during her lifetime. The remaining 16,00,000/- were to be paid in accordance with the schedule as given in the agreement. It is alleged that the OP did not complete the construction work including the boundary wall and the main entrance gate. However complainants admitted to have been handed over their respective allocations. Complainants also alleged that OP issued two cheques for Rs. 1,50,000/- each to the Complainants Nos. 1 & 2. But both the cheques bounced for insufficient funds. According to complainants Rs. 8,00,000/- still remaining to be paid by the OP. As OP did not comply with the terms of the said development agreement, the complainants filed this complaint praying for several relief(s) as made in the petition of complaint.
Opposite party did not appear to contest the case. So it was heard exparte against him.
Point for consideration is whether the complainants are entitled to any relief(s) in this case.
FINDINGS
On the prayer of the complainants the petition of complaint was treated as affidavit in chief on their behalf. Apart from this complainants produced the copies of the development agreement and power of attorney and also the copies of the cheques which were bounced along with return memos. On going through the petition of complaint it is found complainants admitted to have got their allocations as owners of the land. But their grievance is that the eastern side boundary wall and the main entrance gate were not completed. No completion certificate was also delivered. So they prayed for completion of all these and also prayed for payment of Rs. 8,00,000/- which is due, apart from compensation and litigation cost. Complainants also prayed for an order for elevator services, the provision of the elevator services was also there in the development agreement. We have also gone through the documents filed by the complainant development agreement etc.
On going through of the materials on record including the brief notes of argument filed by them we find the complainants are entitled to an order in this case as the opposite party failed to act in accordance with the development agreement between the parties. Apart from this the complainants are also entitled to Rs. 5,000/- towards cost of litigation.
Hence it is
ORDERED
That the instant complaint is allowed exparte against the opposite party.
OP is directed to provide the elevator service, complete the construction work of eastern side boundary wall and the main entrance gate in accordance with the development agreement entered into between the parties on 07/02/2018.
OP is also directed to supply the completion certificate.
OP is also to pay Rs. 8,00,000/- which is said to be remaining due and Rs. 5,000/- towards cost of litigation to the complainants.
OP is directed to comply with this order within 45 days from the date of this order failing which the complainant shall be at liberty to proceed in accordance with law.
Dictated and corrected by me
President
