Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainant in a nutshell is that with the intention to purchase a flat being flat No. “3A” in the third floor at Block – 3B 32 measuring super built-up area of about 916 Sq.ft. consisting of three bed rooms, one living / dining room, one kitchen, two toilets and one verandah along with an exclusive car parking space which is more fully described in the Schedule of the petition of complaint and article – 2 of the agreement for sale dated 26.09.2015 (Annexure – A) at a valuable consideration amount of Rs. 17,74,890/-(Rupees seventeen lakh seventy four thousand eight hundred ninety) only. The complainant paid Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only (Rs. 25,000/- + Rs. 3,29,978/-) by two installments out of the total consideration amount and the O.Ps. acknowledged the receipts of the same by issuing money receipts and by letter dated 22.03.2019 (Annexure – B). But even after lapse of four years and expiry of the stipulated time limit for handing over the possession of the scheduled flat, the foundation work has not yet been done. As many as three legal notices dated 15.02.2018, 18.03.2019 and 24.04.2019 (Annexure – D) were sent to the O.Ps. which they duly received. Despite repeated requests by the complainant as the O.Ps. neither returned back the amount of Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only with interest which they received from the complainant nor handed over the possession of the scheduled flat with car parking space and did not execute and register a proper deed of conveyance in respect of the same in favour of the complainant, the instant complaint case has been filed by the complainant on the reliefs sought for in the petition of complaint.
The O.Ps. contested the case by filing W.V. contending inter-alia that the claims of the complainant are all false. The specific case of the O.Ps. is that neither delay has been caused by the O.Ps. in the construction work of the project nor the project was abandoned by the O.Ps. By letter dated 28.10.2017 the complainant was asked to pay the second installment as per terms of the agreement for sale dated 26.09.2015 which the complainant failed and neglected to pay despite receipt of the said letter. It was further contended that the complainant violated the terms of the agreement for sale by non-payment of the second installment and the complainant is entitled to get refund of Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only deducting 30% from the said amount. It was also the contention of the O.Ps. that they neither abandoned the project nor there is any deficiency in service on the part of the O.Ps. The complainant is not entitled to get the reliefs as prayed for. The O.Ps. also denied all the other allegations made by the complainant para wise and prayed for dismissal of the case with cost.
POINTS OF CONSIDERATION :
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice ?
- Is the complainant entitled to get reliefs as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
On perusal of the case record along with the copies of documents it appears that the complainant intended to purchase the scheduled flat being flat No. “3A” in the third floor at Block – 3B 32 which is more fully described in the Schedule of the petition of complaint and article – 2 of the agreement for sale dated 26.09.2015 at a valuable consideration amount of Rs. 17,74,890/-(Rupees seventeen lakh seventy four thousand eight hundred ninety) only for which an agreement for sale dated 26.09.2015 has been executed by and between the parties and payment of Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only has been made by the complainant to the O.Ps. by two installments who acknowledged the receipt of the same by issuing money receipt.
Therefore, the complainant is a consumer as defined under Section 2(7) of the Consumer Protection Act, 2019.
As such Point No. 1 is decided in favour of the complainant and against the O.Ps.
Point No. 2 :
The complainant booked the scheduled flat being flat No. “3A” and entered into an agreement on 26.09.2015 with the O.Ps. to that effect and the complainant paid Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only out of total consideration amount of Rs. 17,74,890/-(Rupees seventeen lakh seventy four thousand eight hundred ninety) only by two installments. Now even after lapse of four years and expiry of stipulated time limit for delivery of possession, the foundation work even has not yet been done by the O.Ps. As many as three legal notices dated 15.02.2018, 18.03.2019 and 20.04.2019 were sent to the O.Ps. But despite receipt of the said notices the O.Ps. neither delivered possession of the scheduled flat nor executed and registered a proper deed of conveyance in respect of the same receiving the balance consideration amount. The O.Ps. also did not return back the amount of Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only with bank interest which they received from the complainant. Therefore, it is crystal clear from the averments of the complainant that the O.Ps. are guilty of committing deficiency in service and unfair trade practice.
As such, the Point No. 2 is also decided in favour of the complainant and against the O.Ps.
Point No. 3:
The complainant booked the scheduled flat being flat No. 3A from the O.Ps. and entered into an agreement dated 26.09.2015 at a valuable consideration amount of Rs. 17,74,890/-(Rupees seventeen lakh seventy four thousand eight hundred ninety) only. The complainant already paid Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only out of the total consideration amount of Rs. 17,74,890/-(Rupees seventeen lakh seventy four thousand eight hundred ninety) only by two installments. Now even after the lapse of four years and expiry of the stipulated time limit for delivery of possession, the foundation work of the project even has not yet been done by the O.Ps. Despite receipt of three legal notices, the O.Ps. failed to deliver the possession of the scheduled flat nor executed and registered a proper deed of conveyance in favour of the complainant receiving the balance consideration amount from him.
As such there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for. The complainant failed to get satisfactory service from the O.Ps. On the other hand the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Therefore, Point No. 3 is also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Court fees paid is correct.
Hence, it is
ORDERED
That the instant case be and the same is hereby allowed on contest against the O.Ps. with cost of Rs. 25,000/-(Rupees twenty five thousand only).
The O.Ps. are jointly and severally liable and are directed to deliver peaceful and vacant possession of the scheduled flat along with car parking space and to execute and register a proper deed of conveyance in respect of the scheduled flat along with car parking space in favour of the complainant receiving the balance consideration amount within 60 days from the date of passing this Order.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund Rs. 3,54,978/-(Rupees three lakh fifty four thousand nine hundred seventy eight) only along with simple interest @ 10% p.a. w.e.f. 26.09.2015 (date of agreement for sale) till the date of final realization thereof within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and are also directed to pay compensation to the tune of Rs. 1,00,000/-(Rupees one lakh only) for deficiency in service, mental pain & agony and harassment suffered by the complainant within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and are also directed to pay the litigation cost of Rs. 25,000/-( Rupees twenty five thousand only) within 60 days from the date of passing this Order.
The complainant is at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the O.Ps. within 60 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
