HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Appeal has been directed against the judgement and order dated 12.12.2018 passed by erstwhile Ld. D.C.D.R.F, North 24 Parganas (S) at Baruipur in C.C. 94 of 2011 where the Forum concerned while disposing of the Complaint case allowed the Complaint case exparte against the OP NO.1 with cost of Rs.10,000/- (Rupees ten thousand) and against the OPs  no.2 and 3 without cost, directed the OP NO.1 to execute and register the Sale Deed in favour of the complainant and to pay a sum of Rs.50,000/- (Rupees fifty thousand) to be paid by the OP NO.1 to the complainant as compensation within one month with default clause.

          Being aggrieved by such judgement and order the present Appeal has been preferred by the OP NO.1, Smt. Lekha Dasgupta.

         The instant case  has a long chequered history. The Respondent  no.1 and his wife filed a Complaint case being C.C./246/2007 alleging that they had entered into two separate agreements for sale, the first flat was purchased after entered into the agreement on 15.4.2002. The flat was to be constructed at 30, Banerjee Para Lane, Dhakuria, measuring about 646 Sq.ft. super built up area for a consideration of Rs.5,81,000/- (Rupees five lakh eighty one thousand) as per terms and conditions cited in the agreement dated 15.4.2002. The OP NO.1 being a Developer came into an agreement on 17.8.2000 with the land owner Somnath Mukherjee and Amar Nath Mukherjee, the OPs No.2 and 3 respectively for development of the premises by constructing several multi storied building thereon as per terms and conditions cited in the Development Agreement dated 17.8.2000. The OP No.1 constructed a G+3 storied building in the said premises but he received a sum of Rs.5,50,000/- (Rupees five lakh fifty thousand) only out of total consideration of Rs.5,80,000/- in February , 2003, handed over the said flat to the complainants after two years seven months from the schedule date but not in a habitable condition. It was written in the possession letter that all other facilities such as drainage, water connection and remaining  works of the flat would  be completely finished in a short period but no Completion certificate in respect of the said flat was handed over. On 31.7.2007 the OP NO.1/Developer sent a  reply to the Complainant through the Assistant Director , Directorate of Consumer Affairs wherein the OP NO.1 agreed to refund the above accepted amount of Rs.5,50,000/- (Rupees five lakh fifty thousand). On 17.9.2007 the complainant through their Advocate sent a legal notice to the OP NO.1/Developer for completion of the flat making it habitable and to make arrangement