ORDER

Samiksha Bhattacharya, Member

The instant complaint has been filed U/S 17 of the C.P Act, 1986 against the OPs alleging deficiency in service.

The fact of the case, in brief, is that the Complainant is the owner in respect of all that piece and parcel of a homestead bastu land measuring more or less 3 Cottahs, 13 Chittakas more or less along with one 200 sq. ft. residential tile shed structure lying and situated under Mouza Laskarpur, in Touzi No.3-5, JL No.57, R.S No.174, R.S Dag Plot No.514/1432, LR Dag Plot No.1119, R.S Khatian No.67, under sub Registry Office Sonarpur, P.O-Laskarpur, P.S-Sonarpur, District South 24 Parganas under Rajpur Sonarpur Municipality Ward No.31 at present being recorded as holding No.144, Anandapally, Kolkata-700 153. The Complainant executed registered general power of attorney in favour of his father Sri Kalyan Das to look after the schedule plot of land and also to represent him in any court case and also to sign on his behalf before any court of law and competent authority and the said general power of attorney was executed on 24.10.2013 which is registered before the office of DSR IV, Alipore South 24 Paraganas and recorded being Deed No.2006 for the year of 2013. The O.Ps are the company and its Directors used to run their business of development over plot of land by constructing multi storied residential buildings. The O.Ps were in search of suitable plot of development and constructions of buildings and the Complainant being the owner was unable to maintain his said schedule plot of land due to paucity of fund. Therefore, they mutually decided to enter into an agreement for development of residential buildings over the schedule plot of land. Accordingly, the Complainant entered into a development agreement with the O.P Nos.1 & 2 being the developing firm developer and promoter for promoting and developing schedule plot of land vide a registered development agreement dated 24.10.2013. The Complainant also executed a registered power of attorney dated 24.10.2013 in favour of the O.P No.2 to give effect of the development work of the scheduled plot of land. After execution of development agreement and general power of attorney the Complainant have provided all the copies of title deeds, mutation certificate, tax receipts etc. to the O.P Nos.1 & 2. As per development agreement the owner’s allocation is specified at 50% of the total approved F.A.R having self-contained residential flats of different measurement from 1st floor to top floor along with interest free refundable money of Rs.50,000/- which was payable by the O.Ps to the Complainant and Complainant shall refund the said amount to O.P Nos. 1 & 2 on delivery of owner’s allocation. It was agreed by the both sides that owner’s allocation was delivered within 30 months from the date of agreement as per specification mentioned in the scheduled ‘D’ of the agreement. It was also agreed by the parties that developers must get necessary building plan approved by the Rajpur Sonarpur Municipality within maximum 120 days from the date of execution and registration of the agreement as well as general power of attorney in favour of the developers, for which the owner would render all kind of cooperation. It was also agreed that if the developer fails/ neglects to deliver the owner’s share within the stipulated period, the developer shall remain bound to pay Rs.1000/- per month to the owner towards compensation for default till the date of possession given by the developer. After completion of stipulated 30 months the Complainant wrote a letter dated 29.05.2016 to O.P No.1 asking them the status and progress of the said project over his plot of land. The O.P No.1 replied vide their notice dated 19.05.2017 and 16.03.2017 stating the acquisition of their company by another company i.e. O.P No.3 and further assured the Complainant that after completion of legal formalities they would take initiative for sanction of plan and supplementa