SRI SHYAMAL KUMAR GHOSH,   MEMBER

1. The instant consumer case has been filed by the complainant against the opposite parties praying for delivery of Completion Certificate, Compensation for mental pain and agony, litigation cost etc which are clearly mentioned in the petition of the complaint.
2. The brief fact of the case is that the opposite party no-1/ developer entered into a development agreement with Nirmal Kumar Chakraborty and others known as vendors/owners for construction of multi-storied building on the plot of land measuring area approx 7 cottahs 8 chittacs situated under the jurisdiction of Dum Dum Municipality subject to certain terms and conditions as laid down in the said agreement dated 16/11/2011. Thereafter the opposite party started construction over the said plot of land under a project viz. Arati Apartment. The complainant also entered into an agreement for sale with the opposite party with an intention to purchase a flat being no-C on the second floor North Western side of the said construction. The complainant paid total consideration amount of Rs.28,89,600/- through cheques on the different dates which was clearly mentioned in the memo of consideration and the opposite party acknowledged the same by providing the money receipts. The registered deed of conveyance was executed on 04/11/2016 in favour of the complainant in respect of aforesaid flat. The complainant took the possession of the said flat. Subsequently she received the possession letter from the opposite party/ developer herein. As per terms and conditions of the agreement it was the duty of the opposite party/developer to complete all pending works but it was very unfortunate that the opposite party/developer failed to complete the same within the stipulated period of time. In this respect the complainant sent, on several occasions, legal notices to the opposite party/developer with a request to complete all pending works but the OP did not pay any heed. The complainant further stated that the lift corridor remained vacant dangerously. No completion certificate was given to the complainant. Till date the complainant waits for completion certificate (CC). The opposite party/developer intentionally violated the terms and conditions of the agreement for sale and for that reasons the complainant has been suffering from mental and physical agony since the year 2017. There was clear gross negligence and deficiency in service on the part of opposite party/developer. The cause of action arose on and from 01/01/2017 when the opposite party refused to complete the pending works as per terms and conditions of the agreement for sale. Having no other alternatives the complainant knocked at the door of the Commission for getting proper reliefs as prayed for against the OP.
3. The opposite party no-1 contested this case by filing written version stating inter alia that all the purchasers including the petitioner/complainant were agreed and accepted the terms and conditions of the agreement and they gave their full liberty and consent in the af