MATIUR RAHAMAN Vs. JAHANARA BEGUM

JUDGEMENT

(1.) -THE present appellants/opposite parties have impugned the order dated 31. 8. 2004 passed by the State Commission, West Bengal whereby O. P. Nos. 2 (a) to 2 (g) and O. P. No. 1 were directed to complete the unfinished construction work in the disputed flat in question to issue a completion certificate in favour of the complainant within a period of 60 days; to execute and register the deed of conveyance in favour of the complainant upon receipt of balance consideration money from the complainant and to pay a sum of Rs. 10,000 by way of compensation and in case the order is not complied with then it would carry interest @ 8% p. a.

(2.) THE facts giving an occasion to file this First Appeal are as under:

(3.) THE predecessor-in-interest of the appellants, Haji Abdus Sattar and Haji Abdus Gaffar entered into an agreement dated 10. 2. 93 with one Nurul Huda Layek, respondent No. 2 in the present appeal for promotion and development of premises No. 3, Colonel Biswas Road, P. S. Karya, Kolkatta-700019. The land owner also executed a general power of attorney for the purpose of smooth execution of the said agreement. Respondent No. 2 was categorically authorised for receiving money from the tenants/occupiers. The complainant/respondent No. 1, Jahanara Begum was inducted as a monthly tenant in respect of a portion of the first floor of premises at rent of Rs. 500 per month. She paid Rs. 40,000 as advance. This amount of Rs. 40,000 was to be adjusted with monthly rent @ Rs. 250 per month as per the agreement of tenancy dated 1. 8. 86. In this way, after a total sum of Rs. 18,000 had been adjusted upto July, 1992. Nurul Huda and the said OPs as owner of the said premises entered into an agreement that the opposite party No. 1, the promotor and the builder in writing dated 10. 2. 1992 for construction of a multi-storeyed building on the same premises after demolishing the original dwelling house as per sanction plan. All the three opposite parties approached the complainant with the proposal that a self-contained plot admeasuring more or less 612 sq. ft. complete with sanitary and electrical fittings along with common facilities would be offered to her at a price of Rs. 2,16,000 which would include the amount still due from her to the O. P. Nos. 2 and 3 out of the above-mentioned advance amount and what she had already paid as tenant as advance would be deducted. The complainant accepted the offer and accordingly a separate agreement dated 28. 7. 92 was executed with her. In accordance with the terms and conditions of the Agreement, the complainant/respondent No. 1 paid a sum of Rs. 91,000 to the opposite party No. 1. But the construction was unnecessarily delayed and after a lapse of more than 1 year the possession was delivered to the complainant on 24. 9. 1993 subject to the solemn assurance and undertaking given by the OPs to complete minor construction work remaining unfinished and to further execute and register deed of conveyance upon receipt of the balance consideration money. But it was alleged that the OPs had been neglecting to complete the unfinished work of construction of the flat and also to execute and register the necessary deed of conveyance in her favour despite the repeated reminders of the fact that the complainant was ready to pay the balance amount of consideration payable by her. Feeling aggrieved the complainant filed a complaint in the year 1995 seeking direction to the OPs to complete the unfinished construction work of the flat and to execute and register the sale deed in her favour upon receipt of balance consideration amounting to Rs. 1,25,000. She also claimed compensation of Rs. 3 lakh for the inconvenience caused to her due to failure of the OPs to comply with the terms of the contract.