PUSHPENDU CHOWDHURY AND ANR. S/O. LATE KAMALENDU SEKHAR CHOWDHURY, R/O. AT AF Vs. SOUMEN KARMAKAR & 2 ORS. S/O. LATE SADHAN KARMAKAR, GHOSHPARA, OF KRISHNAPUR, MILON BAZAR, P.S. BAGUIATI KOLKATA

JUDGEMENT

(1.) (Oral) - Vide agreement dated 16.07.2008, the petitioner Mr. Pushpendu Chowdhury, Proprietor of Tirupathy Construction entered into a development agreement that respondent no. 2 Haru Das and respondent no. 3 Smt. Sephali Das for the development of the property of the respondents. A Power of Attorney was executed by respondent no. 3 & 4 in favour of the petitioner Mr. Pushpendu Chowdhury. He then entered into an agreement with the petitioner on 12.11.2010, to sell a flat measuring 400 sq. ft. on the third floor of the building which he was to construct on the property of respondent no. 3 & 4 namely Haru Das and Sephali Das, for a total consideration of Rs.4,08,000.00. The complainant made payment of Rs.1,00,000.00 to him as the earnest money. The balance payment was to be made at the time of delivery of possession. An additional payment of Rs.10,000.00 was thereafter made by the complainant to the petitioner. The possession of the flat having not been delivered by the stipulated date, the complainant approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the petitioner, primarily on the ground that he had completed the construction and offered possession of the flat to the complainant who had failed to pay the balance consideration and take possession of the flats agreed to be sold to him.

(3.) Respondent no. 3 filed a written version stating therein that the petitioner had left the work incomplete and therefore, they had incurred an expenditure of Rs.5,00,000.00 to make the flat habitable.