ORDER

Samiksha Bhattacharya, Member—The Complainants filed the instant case u/s 17 of C.P. Act 1986 alleging deficiency in service against the OPs.

2. The facts of the case, in brief, are that the OPs are the joint owners in respect of entire landed property measuring 4 cottahs 15 chittacks 3 sq. ft. together with building of the municipal premises No. 17/6, Bose Pukur Road, P.S. Kasba, Kolkata-700 042 within the limit of KMC under Ward No. 67, District 24 Pgs. (South). In the year 2013 both the OPs decided to make a multi-sotied building for commercial exploitation and after a long discussion between themselves the OP No. 2 being the owner as well as developer offered the OP No. 1 that she would make a construction over the property being a Developer and accordingly a Development Agreement was executed on 14.08.2013 where the OP No. 2 represented herself to be co-owner as well as the Developer. Subsequently, the said Developer/ OP No. 2 being the co-owner got the sanctioned building plan from the KMC being permit No. 2013070035 dated 07.05.2013 and according to the sanction plan OP No. 2 started construction over there. In and around April 2014, the OP No. 2 decided to sell fully constructed flat/flats in the building of the said premises and after coming to know such intention of OP No.2 the Complainants contacted both the OPs to purchase a self-contained flat for their accommodation and for the accommodation of their family members. Accordingly, Complainants decided to purchase a self-contained flat being flat No. 6 measuring about 1260 sq.ft on the 3rd floor, South Eastern side of the building together with one car parking space measuring 130 sq. ft. on the ground floor of the building of the said premises being No. 17/6, Bose Pukur Road, P.S. Kasba, Kolkata-700 042 for a total consideration of Rs.49 lacs. The Complainants and OPs entered into an agreement for sale dated 02.05.2014 to purchase the aforementioned flat. The Complainants had put their signatures being the Purchasers, OP No. 1 put his signature through the Power of Attorney, the OP No.2 Smt. Deepa Ghosh representing herself Power of Attorney and OP No 1 and OP No. 2 put their signatures being the co-owner as well as Developer. The said flat is from the Developer’s allocation. Complainants paid Rs. 10 lacs on the date of signing the agreement and the OPs agreed to deliver a complete and finished flat including the car parking space to the Complainants within 2.01.2016 i.e. within 24 months from the date of execution of agreement for sale dated 02.05.2014.

3. Subsequently, in terms of the said agreement for sale dated 02.05.2014 the Complainants paid total amount of Rs. 33,30,000/- from time to time and the payment details has been mentioned in para 7, page no. 4 & 5 of the petition of complaint. To purchase the flat the Complainants took the bank loan. During construction work of the aforesaid flat the Complainants requested the OPs for additional work in respect of the said flat as per requirement of the Complainants and OP No. 2 duly agreed to make such additional work in respect of the said flat. In terms of said proposed additional work the Complainants entered into an agreement with the OPs as nomenclature of declaration and understanding dated 02.05.2014 where both the OPs put their respective signatures and Complainants duly paid a total amount of Rs. 15 lacs in cash as and when demanded by the OPs for such additional work. But the OP No. 2 did not cooperate with the Complainants and both the OPs were demanding more amount without any reason. The OP No. 2 did not make any additional work in violation of the nomenclature of understanding dated 02.05.2014. The Complainants mentioned the schedule of payment of Rs.15 lacs in para 10 in page no. 6 & 7. The Complainants paid a total sum of Rs. 33,30,000/- + Rs.15,00,000/- = Rs. 48,30,000/- out of total con