STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/160/2020 Smt. Arati Dey PRESENT ADDRESS - W/o Badal Dey, 29C, Ballygunge Second Lane, Kolkata -700 019. ,WEST BENGAL.

.......Complainant(s)

Versus M/s. Brawn & Associates & Others PRESENT ADDRESS - Regd. office at 1/17, Netaji Nagar, P.S. Nataji Nagar, Kolkata -700 092. ,WEST BENGAL. Mrs. Sudipa Dey PRESENT ADDRESS - W/o Lt. Debasish Dey, 29C, Ballygunge Second Lane, Kolkata -700 019. ,WEST BENGAL.

Miss Debalina Dey PRESENT ADDRESS - D/o Lt. Debasish Dey, 29C, Ballygunge Second Lane, Kolkata -700 019. ,WEST BENGAL.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. JUSTICE MANOJIT MANDAL , PRESIDENT HON'BLE MRS. MRIDULA ROY , MEMBER FOR THE COMPLAINANT:

Mousumi Chakraborty (Advocate)

FOR THE OPPOSITE PARTY:

NEMO DATED: 13/05/2025

ORDER

HON'BLE MRS. MRIDULA ROY, MEMBER The complainant has filed this complaint alleging deficiency in providing housing construction service on the part of the OP/developer namely M/s. Brown &

Associates.

The case of the complainant, in brief is that, the complainant and his son Debasish Dey being owner of a piece of land lying and situated at Mouza Laskarpur, J.L. No. 57, R.S. No.174, Touji No.325 comprised in R.S. Dag No.1236, L.R. Dag No.2647, R.S. Khatian No.40 under Khanda Khatian No.668, L.R. Khatian No.126 under P.S.- Sonarpur within the limits of Rajpur-Sonarpur Municipality, Ward No.31, District- South 24 Parganas, entered into an agreement for development on 14.12.2012 under certain terms and conditions including delivery of owner’s allocation portion, to pay rent for alternative accommodation etc. within a certain span of time with the OP/developer for development of the said piece of land by constructing a multi storied building and, accordingly, executed a power of attorney on 01.04.2013 in favour of the OP/developer to enable the developer to develop the said piece of land. Subsequently, on 05.08.2018 the complainant’s son Debasish Dey died intestate. The complainant, however, by filing the instant petition of complaint has alleged that the OP/developer neither delivered the possession of owners allocation consisting flat and car and parking space as per terms of the Development Agreement since there were shortfall of area nor did provide any possession letter or completion certificate to that effect. Accordingly, the complainant has prayed for direction upon the OP for immediate the completion of project as per sanctioned building plan, if any, to compensate for the shortfall area of flat and car parking space, to pay Rs.10,000/- per month for accommodation for the defaulted period, to issue possession letter and completion certificate in respect of the said building, to pay a sum of Rs.25,000/- towards cost of litigation, to pay Rs.20,00,000/- to the complainant as to compensation.

Notices were served upon the OP/developer but they did not appear before this Commission. However, wife and daughter of Debasish Dey have been impeded as proforma OPs. The proforma OPs too did not appear. The complainant adduced evidence on affidavit. In course of hearing, Ld. Advocate for the complainant has submitted that the complainant along with his son (now deceased) have entered into an Agreement for Development with the OP/developer under certain terms and conditions which are binding upon the parties and therefore, the developer ought to abide by the agreed terms but he has violated the same and therefore, he is under obligation to provide the agreed portion of owners allocation to the complainant and also pay compensation and cost of litigation and the arrear amount for alternative accommodation which has not been paid by him, also to provide possession letter and completion certificate to the complainant.

Having heard the submission led on behalf of complainant and on perusal of the documents on record, it appears that the complainant and one Debasish Dey being land owners entered into an Agreement of Development with the OP on