HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

9/05.02.2010.

Appellant through Mr. Prabir Basu, the Ld. Advocate and Respondent No. 1 through Mr. Biswajit Ganguly, the Ld. Advocate are present.  Heard Mr. Basu, the Ld. Advocate for the appellant and Mr. Ganguly, the Ld. Advocate for the Respondent No. 1.  None appears for other Respondent.  It is the only contention advanced by Mr. Basu in respect of impugned order that his clients, the O.P. Nos. 3 to 11 being the Appellants herein all through were ready and willing to execute and register the Deed and the same could not be done as the O.P. Nos. 1 & 2 did not make the Completion Certificate available.  This contention has not been disputed by the O.P. Nos. 1 & 2 in the present appeal.  Therefore, the impugned order is modified only to the extent that the direction given in para iv of the ordering portion of the impugned is modified as follows :

“(iv)  O.P. Nos. 1 & 2 shall pay to the Complainants a sum of Rs. 8,000/- proportionately by way of compensation for causing mental agony and harassment and shall pay a further sum of Rs. 500/- by way of cost of this proceeding within a period of 45 days”.  The rest of the order remains valid.  With the above modification appeal is allowed.  The impugned order is modified to the aforesaid extent as mentioned hereinabove.