MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Chandana Khan – Appellant
Versus
Debashis Barat – Respondent
JUDGMENT
Shyamal Kumar Ghosh, Member—The instant case has been filed by the Complainants against the OPs praying for certain reliefs which are reproduced as follows:—
(a) To deliver the completion certificate issued by the Kolkata Municipal Authority to the complainants/petitioners.
(b) To pay Rs. 10,00,000/- ( Rupees ten lakh) only as compensation to the complainants for metal sufferings and harassments.
(c) To pay Rs. 10,000/- as litigation cost to the complainants.
(d) Interest and penalty.
(e) To pass such other order or orders as your Honour may deed fit and proper.
2. Concisely narrated, the facts during to the filing of the complaint are that the OP No. 1 is a developer and OPs No. 2 to 6 are the OPS/Landowners. The Complainants have searched for a dwelling accommodation for their own use and to that effect they have contacted with OP No. 1/developer.
3. Upon careful perusal of the development agreement between the OP No. 1/developer and the OPs No. 2 to 6/landowners and having satisfied with the registered General Power of Attorney executed by the OPs/landowners, the complainants have entered into an oral agreement for purchasing of one self-contained residential
Completion Certificate - It is very true that the developer has failed to provide completion certificate to the complainants till date causing clear gross negligence and deficiency in service on the ....
A person cannot be made to wait indefinitely for possession of the flat allotted to him and is entitled to seek refund of the amt. paid by him along with compensation
Indefinite period - It is not possible for the complainants to wait for indefinite period of time for getting their flat in question.
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