ORDER

Hon'ble Mr. Santanu Saha, Member

1. Genesis of the Case

The present complaint has been filed under Section 17 of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice on the part of the Opposite Parties/Developers in relation to two Development Agreements executed between the parties on 01.10.2013 and 24.10.2013 respectively concerning two adjacent plots of land described in the complaint as Plot-A and Plot-B.

The dispute essentially centres around the complainants’ alleged entitlement in respect of certain flats in the first floor of the multistoried building constructed on Plot-A and alleged wrongful sale of portions of this first floor by the Developers, alleged non-delivery of garage space, and non-completion of development work in respect of Plot-B within the stipulated period.

The complainants have sought compensation, delivery of possession and other consequential reliefs against the Opposite Parties.

2. Facts in Brief

The case of the complainants, in brief, is that Complainant Nos.1, 2 and 3 inherited Plot-A measuring about 2 cottahs 13 chittaks 43 sq.ft. from their predecessor-in-interest along with several other co-sharers. Adjacent thereto, Plot-B measuring about 3 cottahs 10 chittaks 31 sq.ft. was allegedly acquired exclusively by Complainant No.1.

The complainants entered into two separate Development Agreements with the Opposite Parties. The first agreement dated 01.10.2013 related to Plot-A and the second agreement dated 24.10.2013 related to Plot-B.

According to the complainants, under the Development Agreement concerning Plot-A, the developers were required to demolish the existing structure and construct a multistoried building within 18 months. The complainants contend that Clause 6 of the said agreement entitled the developer to sell flats, shops, garages etc. in all floors except the first floor and therefore the entire first floor stood reserved exclusively for the landowners.

It is the further case of the complainants that though four flats were allegedly constructed in the first floor, only two flats measuring approximately 550 sq.ft. each were handed over to them and the remaining two flats were illegally sold to third parties by the developers in violation of the agreement.

The complainants have further alleged that possession certificate in respect of the delivered flats has not been handed over till date.

In respect of Plot-B, it is the case of Complainant No.1 that under the agreement dated 24.10.2013 he was entitled to 40% of the total covered area of the proposed construction after certain agreed deductions and was also entitled to one garage measuring 150 sq.ft. in Plot-A. However, according to the complainants, construction work on Plot-B has not commenced even after lapse of several years and the garage has also not been delivered.

Alleging gross deficiency in service and unfair trade practice, the complainants prayed for compensation towards alleged loss of flats, value of garage, compensation for mental agony and harassment and direction upon the developers to complete construction and hand over possession.

3. Case of the Complainants

The principal contentions of the complainants may be summarized as follows:

i) Under Clause 6 of the Development Agreement dated 01.10.2013, the developer was authorized to sell flats/shops/garages etc. in all floors except the first floor and therefore the entire first floor was reserved for the landowners’ allocation meaning thereby that the developer had no authority to sell any portion thereof to outsiders.

ii) Despite such contractual stipulation, the developers handed over only two flats measuring approximately 1100 sq.ft. in aggregate to the complainants and illegally sold the remaining portion of the first floor (two flats) to outsiders.

iii) Possession certificate in respect of the flats delivered to the complainants has not been handed over till date.

iv) Under the Development Agreement dated 24.10.2013 conce