ORDER

1.      Heard Mr. Kunal Chatterji, Advocate, for the complainant and Mr. Mainak Bose, Advocate, for the opposite party. 

2.      Kolkata Fish Supplier Welfare Association has filed above complaint for directing the opposite party to (i) pay Rs.224020242/- with interest @24% per annum, as compensation, for the deficiency in service; (ii) pay Rs.10000000/-, as compensation for mental agony and harassment; (iii) pay Rs.1000000/- as litigation costs; and (iv) any other relief which is deemed fit and proper in the facts of the case.

3.      The complainant stated that Kolkata Fish Supplier Welfare Association is an Association, formed with an object of self-employment of its members, using their skill and labour under the head of mercantile retail and registered under West Bengal Societies Registration Act, 1961. The complainant purchased 4047 sq.mt. land of Plot No.6/2, Block No. CF in AA-1C, at Mouza Thakdari, J.L. 19, Premises  No.06-0175, Street No.0175, New Town, Police Station and Post Office Newtown, Kolkata-700156, for opening a market in order to promote cooperative movement, from State of West Bengal through West Bengal Infrastructure Development Corporation Limited, through sale deed dated 08.12.2010 and took possession over it vide memorandum of possession dated 04.01.2011. R.G. Nirman Private Limited (the OP) was a company, registered under the Companies Act, 2013 and engaged in development and construction of group housing projects. For development and construction of multi-storied building on above land, the complainant and the OP entered into a Memorandum of Understanding (MOU) dated 28.04.2011, under which, constructed area had to be shared in the ratio of 45:55 share between the complainant and the OP and entire cost of construction had to be borne by the OP. The complainant applied for sanction of building plan, which was sanctioned by Kolkata Development Authority on 25.07.2012 and revalidated on 01.06.2018. The developer agreed to pay the entire cost of Rs.6787631/- incurred in getting sanction of layout plan. In furtherance of the MOU, the parties entered into a Development Agreement dated 03.05.2013 and a Supplementary Development Agreement dated 18.05.2015 and share of the parties were reallocated in the ratio of 36.29:63.71 of the complainant and the OP but ratio of the share in basement remained the same. The OP deposited Rs.4.5 crores with the complainant as interest free refundable security. The complainant entered into a tenancy agreement with Reliance Corporate IT Park Limited dated 10.04.2018 of entire first floor and ground floor, for monthly rent of Rs.654830/-, from 01.01.2021. Under the Development Agreement, the project had to be completed till 12.05.2018, this date was extended till 31.12.2019, vide letter dated 18.07.2018. A memorandum of handing over possession of ground, 1^st and 2^nd floor of the complainant’s allocation was executed between the parties on 28.09.2018 and the complainant returned Rs.2.4 crores from the refundable security. As the complainant had prospective tenants, as such, for early completion of the construction, the complainant undertook the works of HVAC, flooring, service lift, fire system at its own level. By two separate agreements dated 18.03.2020, handing over car parking and common utilities area, were done. The complainant made survey of the said building and astonished to see that the OP had not acted in terms of the MOU and Development Agreement i.e. (a) service lift was not installed; (b) Effluent Treatment Plant was not established; (c) two meter site for electricity department was not left; and (d) delay compensation @Rs.5/- lakhs per months, as agreement was not made. For the purposes of mitigating grievances of the complainant, a meeting was held on 27.07.2020, in which, the deficiencies were pointed out by the complainant. The mediator, vide email dated 31.03.2021 send the estimate of Rs.11510993/- of the works will be done by the OP and part of it had to