HON’BLE MR.JUSTICE MANOJIT MANDAL,PRESIDENT

          The present Interlocutory Application is preferred by the petitioners/complainants praying for passing an order directing the OP/Developer not to sell, transfer, alienate and/or create third party interest in the Schedule “C” property and directing the OP/Developer to pay Rs.2,50,000/- only or more as arrear penalty @ Rs.100/- per day from April, 2015  till date for delay in  delivery of possession of the owners’ allocation in habitable condition to the complainants/petitioners as per Development Agreement.

      It is the case  of the petitioners/complainants that the petitioners/complainants entered into a Development Agreement  with the OP/Developer on 12.6.2004. Subsequently, another Development Agreement was made in between the petitioners/complainants with the OP/Developer. As per the said Development Agreement, the OP/Developer promised to complete the owners’ allocation first and to deliver and/or hand over possession of the owners’ allocation in habitable condition within nine months from the date of registration of General Power of Attorney dated 20.6.2014. But in violation of the terms of the said Development Agreement the OP/Developer did not complete the construction of the entire building in habitable condition including the owners’ allocation and not handing over the possession of owners’ allocation in habitable condition to the petitioners/complainants till date without any reasons , on the contrary, the OP/Developer has sold out a portion of the first floor and constructed a portion beyond sanction plan dated 31.5.2018 at the top floor. The OP/Developer is also duty bound to hand over the possession of owner’s allocation in terms of the Development Agreement dated 20.6.2014 executed by and between the petitioners/complainants and OP/Developer. Further grievance of the petitioners/complainants is that the OP/Developer is trying to sell remaining flats of second floor/top floor  without giving possession to the complainants and if the OP/Developer is able to do so, he may flee away after completing his share of transfer without giving possession , penalty and other reliefs to the petitioners/complainants, then the petitioners/complainants  shall be highly prejudiced. Hence, this application.

          Ld. Counsel for the OP/Developer opposed the submissions made by the petitioners/complainants and prayed for dismissal of the petition.

        Ld. Counsel for the OP/Developer has submitted that the OP/Developer has already delivered possession of owners’ allocation to the petitioners/complainants in habitable condition and the same is under possession of the complainants till date. He further submitted that the OP/Developer also issued possession letter to the Complainants/petitioners as per the terms of the Agreement dated 14.6.2014 but the copy of the said possession letter was misplaced and the G.D. was lodged to that effect. He further submitted that the Interlocutory Application is not maintainable and is liable to be dismissed.

          Heard Ld. Counsel for the parties and perused the documents appended thereto.

Upon hearing the Ld. Advocates and on perusal of