JUDGMENT T. Amarnath Goud, J. - Heard Mr. A. Sengupta, learned counsel appearing for the appellant. 1. Heard Mr.S.M.Chakraborty, learned Sr. Counsel appearing along with Mr. K.Datta, learned advocate for the respondents. 2. This is an appeal under section 96 of the CPC from the judgment and decree dated 01.10.2019 delivered in M.S. 20 of 2014 by the Civil Judge (Senior Division), Court No.3, West Tripura, Agartala. 3. By the said judgment, the Civil Judge (Senior Division), hereinafter referred to as the trial Judge, has partly decreed the suit of the appellant with costs holding that the appellant is entitled to get compensation effective from the scheduled date of the possession i.e. 30th June, 2012 till the deemed date of possession of the units i.e.25.09.2013 @ 2% per annum of the unit value. 4. The appellant instituted the suit for recovery of money to the extent of Rs.70,14,620/-. 4. The appellant instituted the suit for recovery of money to the extent of Rs.70,14,620/-. To be precise, the reliefs can be described in the following manner: (a) a decree directing the respondent to pay an amount of Rs.40,00,000/- (rupees forty lacs) as compensation to the appellants for loss of profit of business of the appellants due to non handing over of unit Nos.336 and 337 in Aitorma Agartala Sentrum building in due time, i.e. mid 2012; (b) a decree directing the respondent to pay an amount of Rs.30,00,000/- (rupees thirty lac) as compensation to the appellants for not providing the 'entrance' of the building from the Eastern side of the building, inadequate lifts and staircases, not providing ramp, for the physically challenged citizens, causing poor footfalls, inconvenience and business losses to the appellants; (c) a decree directing the respondent to pay interest @12% per annum w.e.f. 01.07.2012 till handing over of the units No.336 & 337 at Aitorma Agartala Sentrum on Rs.12.36 lacs, which was realized by the respondent company from the appellants for providing the said units; (d) a decree directing the respondent to pay interest @ 12% per annum w.e.f. 02.12.2013 to 01.05.2014 on Rs.70.50 lacs, 21.12.2013 to 01.05.2014 on Rs.23.50 lacs which was disbursed by NEDFI for delay in commencement of Notebook project due to non-execution of the Deed of Conveyance by the respondent company; (e) a decree not to apply for change and/or change original building plan of Aitorma Agartala Sentrum deviating from the original plan, which was approved by the competent authority before construction of building; (f) a decree directing the respondent to complete the plastering of walls (on the upper portion) and ceiling of said unit Nos.336 and 337 of Aitorma Agartala Sentrum building within shortest specified period; (g) a decree directing the respondent to erect panels with 12 mm glass on the frontage of the units within shortest specified period; (h) a decree directing the respondent to develop and make ready all infrastructural facilities like approach road, parking area, exit road, common area air-conditioning, lift, external painting and fascia etc. electricity connection in order to enable consumers access and comfort in the said Aitorma Agartala Sentrum; (i) a decree directing respondent to immediately cover the front opening to both the units with framed glass panels with door; (j) a decree directing the respondent to erect a 'ramp' for the physically challenged customers for their entrance in the said mall; (k) a decree directing the respondent to replace the partition glass panels by 12 mm thickness of glass instead of 8 mm; (l) a decree directing the respondent to put proper signage on all the common areas of the Shopping Mall and allow the appellants to put their own signage on the outer fascia (eastern side) of the building; (m) a decree directing the respondent to clear and free all the encumbrances and obstructions from the passage for entry into the Shopping Mall from the front side; (n) a decree directing the respondent to form the Association or body to run the Shopping Mall immediately; (o) a decree directing the respondent company to hand over possession of the said two units Nos.336 and 337 immediately to the appellants after completion of works so demanded earlier; (p) a decree directing the respondent to execute the registered sale deed in favour of the appellants after providing all amenities demanded above; (q) a decree directing the respondent to provide copies of all statutory licenses to the appellants for safety occupation of the said units for running the business; (r) a decree to refund the rest excess payment realized by the respondent from the appellants amounting to Rs.14,620/- (rupees fourteen thousand six hundred twenty) only for providing said unit Nos.336 and 337 in Aitorma Agartala Sentrum; (s) cost of the suit may kindly be awarded to the appellants against the defendants; 5. The appellant under the capacity of a purchaser and the respondent under the capacity of a builder have entered into an agreement for purchase of shops bearing Unit No.336 & 337 at the second floor in the upcoming commercial complex of Aitorma Centrum building at Agartala. In this regard the purchaser paid the sale consideration for two shops and the said shops were supposed to be handed over by June, 2012. 6. In this regard the purchaser paid the sale consideration for two shops and the said shops were supposed to be handed over by June, 2012. 6. The respondent could not complete the construction in terms of the agreement and has not handed over the premises and hence the petitioner herein the appellant preferred suit before the court below and the court below framed the following issues: i) Whether the Appellant has got appropriate cause of action in this case? ii) Whether the Appellant is entitled for decree of declaration that all the defendants are jointly or severally liable to him for the amount of Rs. 16,75,000/-? iii) Whether the Appellant is entitled to a decree of recovery of the above amount from the defendants by way of attachment of their property etc? iv) Whether the Appellant is entitled to get a decree of damage or compensation or mesne profits from the defendants? v) Whether the Appellant is entitled to get an interest @ 12 % per annum only from the respondent No. 1 until realization of the total amount due? vi) Any other relief(s), if the Appellant is entitled to? 7. After hearing both sides, the court below has decreed the suit partly on 01.10.2019 as under: 'ORDER In the result, the suit of the plaintiff is partly decreed on contest with costs. The plaintiff-company is entitled to get compensation effective from the schedule dated of the possession which is mid part of 2012 i.e. 30th June, 2012, till the deemed date of possession of the units i.e. 25.09.2013 at the rate of two percent per annum of the unit value' 8. Not being satisfied, the plaintiff preferred the present appeal seeking prayer to admit the appeal, call for records, issue notice upon the respondents and after hearing the parties set aside the Judgment dated 01.10.2019 passed by the Learned Trial Court and pass a decree as per prayer of the plaint of the plaintiff appellants. 9. During the course of argument, the learned counsel of the appellant contended that the respondent having received full sale consideration, has not handed over the two shops (Unit No. 336 & 337) so far. 9. During the course of argument, the learned counsel of the appellant contended that the respondent having received full sale consideration, has not handed over the two shops (Unit No. 336 & 337) so far. In so far as the third shop (Unit No.319) is concerned, part payment has been received and later the agreement for third shop (Unit No.319) has been cancelled and the respondent has alienated the shop in favour of some third parties and by deducting part of advance amount received, the balance was returned and prayed to allow the appeal. 10. Counsel appearing for the respondent submitted upon instructions through his client who is present in court that two shops to which full sale consideration has been received i.e shops No.336 & 337, is concerned, the shops are made ready and immediately in a day the possession can be handed over to the appellant and in so far as the third shop (Unit No.319) is concerned, in terms of the agreement, since the total sale consideration was not made in terms of the agreement by the plaintiff with that shop (Unit No.319), agreement was cancelled and the same has been alienated to the third parties and further the amounts which were received by the respondent from the plaintiff were duly returned by deducting part of the amount in terms of the agreement. Further, for the delay caused in handing over the possession of the two shops the respondent expressed their consent for paying the interest in terms of the agreement. 11. Counsel for the appellant has agreed for taking possession of the two shops immediately and also for receiving interest in terms of the agreement for the delay occurred in handing over the premises. 12. In view of the above, in terms of clause 13 of the agreement, the appellant is entitled for 2% per annum interest. The respondent was to hand over the delivery of the possession by June, 2012. By communication dated 10.12.2013 which was marked as Exbt.-O, informed the appellant plaintiff that the infrastructure work would be completed and the same would be handed over by mid January, 2014. Thereafter, so far, there is no communication from the respondent informing the plaintiff appellant that the premise is ready for occupancy by completing the infrastructure works. 13. By communication dated 10.12.2013 which was marked as Exbt.-O, informed the appellant plaintiff that the infrastructure work would be completed and the same would be handed over by mid January, 2014. Thereafter, so far, there is no communication from the respondent informing the plaintiff appellant that the premise is ready for occupancy by completing the infrastructure works. 13. In view of the submissions made by Mr.S.M.Chakraborty, senior counsel appearing for the respondent that the premises is ready for occupancy and the same will be handed over immediately in a day or two, this court is inclined to pass orders in favour of the appellant directing the respondent to deliver the possession of shops (Unit No.336 & 337) to the appellant plaintiff on or before 31st of August, 2022. 14. Interest of 2% per annum shall be calculated from June, 2012 till July, 2022 and the same shall be paid by the respondent to the appellant plaintiff within 2 months. 15. In so far as the Unit No.319 (Shop No.3) is concerned, this court is not inclined to grant any relief to the appellant to that extent. 16. With the above observation, the appeal stands allowed in part.