JUDGMENT

Ajeya Matilal, Judicial Member.—The complainant case is in short like that he is the owner of a plot of land measuring 3 cottas 3 chittaks lying and situated at premises No. 4/1E/1B convent lane under P.S Entally at Ward No. 56 of Kolkata Municipal Corporation. The OP is promoter and developer having housing construction business and he had his place of residence within the territorial jurisdiction of this Commission.

2. The complainant entered into a development agreement on 18.08.2009 with the OP in respect of the aforementioned plot by constructing a multi-storied building with modern amenities with costs and expenses to be borne by the Opposite Party in terms of the agreement.

3. The OP promised to complete the entire construction work after obtaining sanctioned plan from the concerned department of KMC at his own costs and expenses within the period of 24 months from the date of obtaining the sanctioned plan and to realise the costs of construction after exploiting developer’s allocation in the said building.

4. According to the complainant the OP did not take any step to construct the multi-storied building and while completing the construction work he violated the p