Developers must fulfill contractual obligations, and failure results in compensation for complainants.

1. Heard Mr. Arun Kumar Kaushik, Advocate, for the complainants. Although notice has been served upon opposite parties on 19.03.2018 but they did not appear nor filed any written reply, therefore, this Commission on 25.05.2018 has proceeded ex parte against the opposite parties.

2. Above complaint has been filed for directing the opposite parties to (i) forthwith commence/start and complete the building construction work at Premises No. 121, Sarat Bose Road, P.S. Tollygunge, Kolkata-700026, (ii) to pay compensatory amount of Rs.5208000/-, to the complainants, (iii) to pay Rs.216000/- to complainant-2 as unpaid alternate accommodation charges, (iv) to pay Rs.476000/- to complainant-3, as unpaid alternate accommodation charges, (v) to pay Rs.300000/- as legal expenses, (vi) to pay Rs.2000000/- as compensation for mental agony and harassment; and (vii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3. The complainants stated that Premises No. 121, Sarat Bose Road, P.S. Tollygunge, Kolkata, originally belonged to Smt. Snehalata Debi, who dedicated it to the Idol “Sri Sri Iswar Madan Mohan Jew Thakur” through registered endowment deed dated 20.12.1952. She appointed her husband Sachindra Nath Sen as first shebait of the deity, who had right to appoint his successor. After the death of Sachindra Nath Sen, his son Arun Kumar Sen and Ashok Kumar Sen became the shebaits in his place. Arun Kumar Sen also died and his son Duttatreya became shebait. Duttatreya also died and his wife Seema Sen and son Dhritiman Sen became shebaits. Seema Sen also died. After death of Ashok Kumar Sen, his son Santanu Sen become shebait. Dhritiman Sen and Santanu Sen are now managing the affairs of the Idol.

4. The shebaits decided to develop the said debattar property by demolishing old structure (a part of it was in possession of the tenants) and constructing multi-storied building in its place. The shebaits discussed with M/s Amarpali Hirise Pvt. Ltd. (opposite party-1), which was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of multi-storeyed buildings. The shebaits entered into a registered Development Agreement dated 15.04.2007 and a Supplementary Agreement dated 07.06.2011 with the opposite parties. Thereafter they vacated the premises on 13.06.2011 and shifted to other location. The shebaits also executed a registered Power of Attorney dated 16.12.2011, in favour of Malay Bose (opposite party-2) authorising him to discharge all incidental function on their behalf. The complainants applied to District Judge Alipore for grant of permission to raise the new construction and share it with the developer in accordance with the Development Agreement, under Section 34 of the Indian Trust Act , 1882 read with section 7 of the Hindu Religious and Endowment Act , 1920. District Judge, vide his order dated 21.01.2013, granted permission for construction of new building and sharing it with the developer. The opposite parties got Layout Plan of the building sanctioned from Municipal Corporation Kolkata vide B.P. No.2013080020 dated 23.05.2013. The shebaits entered into a fresh registered Development Agreement dated 17.07.2013 with the opposite parties. As per clause-xviii of this development agreement, the construction has to be completed within 24 months from the commencement of the construction or from August, 2013 or from the date of giving vacant possession of the premises to the developer, whichever is later. The developer further agreed to give Rs.1000000/- to Dhritiman Sen Rs.1500000/- to Santanu Sen. It was further agreed between the parties that they will share the construction. Vide clause ix of Article –I, definitio