Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.03.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to provide the two and four wheeler vehicle parking space to the complainant.
- To direct the opposite parties to pay Rs. 2,00,000/- ( Rs. Two Lack only ) as compensation.
- To direct the opposite parties to pay Rs. 20,000/- ( Rs. Twenty thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he entered in an agreement for sale on 07.01.2000 with opposite party no. 1 for purchase of flat no. A/103 on the first floor of Sagar Apartment. The agreement deed has been annexed as annexure – 1.
It has been further stated that the possession of the flat no. A/103 has been given to the complainant but two and four wheeler parking has not been provided by the opposite party no. 1 despite request.
On behalf of complainant a supplementary affidavit has also been filed in which it is stated that vide annexure – 3 the Deed of Absolute Sale was executed by opposite party no. 1 in favour of complainant on 19.06.2007.
It is further case of the complainant that despite Absolute Sale of the flat in question the opposite party no. 1 has only given possession of flat no. A/103 on the first floor of Sagar Apartment but the parking space has not been provided.
From the records it transpires that on behalf of opposite party no. 2 a Vakalatnama was filed on 19.02.2013 but despite allowing several adjournments, opposite party no. 2 he has not filed written statement. Hence vide order dated 30.08.2016 he was barred from filing written statement and the case was heard ex – parte on 26.12.2016.
Opposite party no. 1 is Ansal Ashiana sahkari Grih Nirman Samittee and opposite party no. 2 is its secretary who has filed his Vakalatnama but has not filed written statement hence notice served to opposite party no. 2 will be deemed to have been served on opposite party no. 1 also.
Heard the learned counsel for the complainant and perused the record.
From perusal of annexure – 3 which is Absolute sale Deed dated 19.06.2002executed by opposite parties in favour of complainant, it transpires that complainant was also allotted parking space as will appear from annexure – 3 which is Absolute Sale Deed but as per assertion of complainant he was given possession of flat only and not the parking space which is serious deficiency on the part of opposite parties.
It is needless to say that as the complainant has stated the entire facts on oath hence we have no option but to rely on the same. Because there is no counter version of the fact stated by complainant.
Hence, we direct the opposite parties to provide the two and four wheeler parking space to the complainant as per annexure – 3 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay 10% interest on the total value of parking space i.e. Rs. 30,000/- ( Rs. Thirty Thousand only ) (vide fourth schedule of annexure – 3) till the parking space is allotted to the complainant by the opposite parties.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this case stands allowed to the extent referred above.
Member President
