JUDGMENT

Samiksha Bhattacharya, Presiding Member.—The instant complaint case has been filed Under Section 17(1)(a)(i) of CP Act 1986 alleging deficiency in service against the OP.

2. The facts of the case, in brief, are that both the complainants are the owner of two separate flats at premises No 12/1, Sitaram Road, Banshdroni, P.S. Regent Park, Kolkata – 700 070. The Complainant No. 1 together with his son Mr Anish Das Gupta purchased one flat being No. A-3 on the 3rd floor and one car parking space on the ground floor vide deed of conveyance dated 16.05.2016 registered in the office of the ADSR at Alipore 24 Parganas(South). The Complainant No. 2 together with his wife Mrs. Sneha Bose Raha purchased one flat being No. A-1 on the first floor and one car parking space on the ground floor at the same premises vide deed of conveyance dated 25.05.2016 which is registered in the office of the ADSR at Alipore, 24 Parganas(South). As per the agreement OP had agreed and accepted the whole work at the aforesaid premises within February, 2016 and also agreed to provide the completion certificate from the competent authority after completion of work but till date OP neither completed the works as per agreement for sale nor provided the completion certificate to the present complaints or any resident of the said premises. Complainants have alleged the list of works which are mentioned in the petition of complaint which are not finished till date by the OP. After registration the complainants contacted the OP over phone on several occasions but till date the said pending work has not been started and finally on 11.05.2017 complainants send a legal notice through their Advocate demanding to comply the pending works as stated in the Paragraph-5 of the petition of complaint alongwith Rs. 3,27,000/- being outstanding electricity bill and Rs. 23,276/- for outstanding bill with compensation. In spite of the receiving of the said demand notice the OP neither completed the pending work nor paid the outstanding amount to the complainants. Since the Complainants No. 1 is a senior citizen and residing at the 3rd floor it is very difficult to move without lift. Since the grievances have not been solved by the OP, therefore, the complainants have filed the instant petition of complainant praying for direction upon OP to pay the sum of Rs. 2,62,000/- being outstanding electricity bill of Rs. 23,276/- for outstanding corporation bill with interest and compensation of Rs. 6,00,000/- as assessed by the complainants for doing of the said works in present time a further awarded a compensation of Rs. 5,00,000/- for mental agony and harassment and loss incurred.

3. The sole OP contested the case by filing written version. In his written version the OP denied of material allegations inter-alia stated that the agreement for sale and deed of conveyance was signed and executed between the developer and the complainant namely Arabindo Das Gupta alongwith his son Anish Das Gupta. But the complainant No. 1 at the time of filing of this complaint did not make the said Anish Dasgupta as the party and did not make the landlords as party in the instant proceeding. Complainant No. 2 also entered into the sale agreement with his wife Smt. Sneha Bose Raha and accordingly the deed of conveyance was executed and registered in between the developer and the complainant No. 2 with this wife Smt. Sneha Bose Raha but the complainant No. 2 has not made Smt. Sneha Bose Raha as party. As per clause of the agreement for sale all the parties should be bound by the agreement and it is clearly stated that the developer shall not provide completion certificate of the building and the purchasers/complainants shall not demand and/or claim any completion certificate from the developer/OP. The OP further stated that lift has already been installed and running successfully. The construction of caretaker room also constructed by the developer, rain water pipe from the roof of the building of t