V.K. Jain, Presiding Member—The petitioner along with her sister Smt. Sukhla Roy Barman owned a piece of land measuring 10 Chittacks 14 sq. ft. at Mouza Sultanpur Police Station Dum. They execute a power of attorney in favour of Shri Debajit Banik in respect of the aforesaid land. Thereafter, a tripartite agreement was executed on 19.5.2014 between the complainant Mr. Swapan Kumar Aich, the respondent No.2 Gems constructions represented by its sole proprietor Mr. Debajit Banik and the petitioner and her sister represented by Shri Debajit Bank as their attorney. In the terms of the said agreement, a residential unit admeasuring 1400 sq. ft. was to be constructed by Gems construction on three floors on the aforesaid land and sold to the complainant for a consideration of Rs.18,20,000/-. It would also be pertinent to note here that a Development Agreement had been separately executed on 08.2.2013 between the petitioner and her sister on one hand and GEMS constructions on the other hand for development of the land owned by the petitioner and her sister. The possession of the flat was to be delivered to the complainant within fourteen months. Since the flat was not delivered to him