Judgement
SHRI REYAZUDDIN KHAN,MEMBER
This is an application U/S.34 read with 35 of the C.P Act of 2019
The case of the complainant in brief is that the complainant was looking for one good residential flat and at the same time the complainant came in contact with the father/ Husband of the OP1 and OP2 who offered the complainant to sell a flat in the proposed G+6 storied new building.Mr Mohsin Ali (Deceased) the land owner entered into an agreement for sale of a flat No.G1 on the ground floor together with the proportionate share of common service of the building measuring 250Sq.ft,280 sq.ft super builtup area lying and situated at premisesNo.9/1,Ahiripukur Road,P.S- Kareya,Kolkata-700017 on 03.08.2019 at a total consideration of Rs,5,50,000/ (Rupees Five Lakh Fifty Thousand)only .The said Mohsin Ali (deceased) husband/father of the OP1 and OP2 assured the complainant that he would handover the khas possession of the said flat within September 2021. The complainant further stated that the father of the OP parties have failed to handover the flat as per development agreement and other legal formalities in favour of the complainant in spite of repeated requests.In the meantime the complainant came to know that said Mohsin Ali died leaving behind his wife and only son herein OP1 and OP2 respectively who become the owners of the said flat/building.After the death of the then developer Mohsin Ali the complainant requested to execute the register deed of conveyance in favour of the complainant but the OPs remain silent over the issue till date.It has also came to the knowledge of the complainant that both the OPs are trying to sell out the said flat to the Third party to grab more money.The complainant further stated that he has sent one Advocate letter dated 18.10.2022 and requested the OP1 and OP2 to settle the legitimate claims of the complainant but no response received from the OPs. The OPs are guilty of deficiency in service and unfair trade practices by not fulfilling their commitment.Finding no other option the complainant approached the commission to seek redress of his grievances as mentioned in the complainant petition.
On perusal of records, it appears from order dated 03.10.2023 OPs failed to file their W.V in the statutory period and as such the case runs ex-parte against the OPs.
Points for Determination
1) Whether the OPs are deficient in rendering proper service to the Complainants?
2) Whether the OPs have indulged in unfair trade practice
3) Whether the complainants are entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 2 :-
The above mentioned points are taken up together for the sake of convenience and brevity in discussion.
We have travelled over the documents placed on record. The complainant has filed his Evidence supported by affidavit. The case has been proceeded ex-parte against OPs . The OPs have not filed the E-Chief. The fact of the case in brief is that the complainant entered into an Agreement for sale dated 03.08.2019 with the predecessor (Mr Mohsin Ali ) of the OPs to purchase a self contained flat being No.G1,measuring more or less 250 sq.ft built up area 280 sq.ft on the ground floor together with proportionate share of common area and service of the building from developer’s allocation at the total consideration amount of Rs,5,50,000(Rupees Five Lakh Fifty Thousand)only paid in instalments in terms of agreement.The complainant have already paid the full consideration amount of Rs,5,50,000/- on 03.08.2019 at the time of booking of the said flat.As per agreement dated 03.08.2019 Mr Mohsin Ali promised to handover the flat in question within September 2021.But predecessor of the OPs neither deliver the possession of the said flat nor to execute and registered the deed of conveyance in favour of the complainant.After the death of Mr Mohsin Ali,the complainant requested the OP1 and OP2 to deliver the possession of the said flat in question and execute and registered the deed but The OP parties completely failed to handover the flat till date and neglected the several requests of the complainant.
In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service is observed.
In view of the above facts and circumstances we are of the view that the complainant has established his case against the OPs.
Hence, Ordered
That the complaint case be and the same is allowed on ex-parte against OPs by following directions.
- The OPs are jointly or severally are directed to handover the subject flat to the complainant and execute Deed of Conveyance in the name of the complainant as mentioned in the schedule”A” of the complaint petition.
- The OPs are jointly or severally directed to pay Rs,30,000/ (Rupees Thirty Thousand ) only as compensation for unfair trade practice, harassment and mental agony with a litigation cost of Rs,5,000/-
The above mentioned orders are to be complied by the OPs within a period of 60 days in default the complainants will be at liberty to put the order into execution as per rules.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and
Judgment be uploaded in the website of the Commission for perusal of the parties
