Sri Ashoke Kumar Pal, Hon’ble President :
Stripped off unnecessary details, the case of the complainant in a nut shell is that with the intention to purchase a self-contained flat measuring about 712 Sq.ft. more fully described in the schedule of the petition of complaint, the complainant submitted an application form and the complainant was provided with an allotment letter dated 01.03.2014, at a total consideration amount of Rs.20,80,000/- only. The complainant paid Rs. 22,99,300/- (Rs. 20,80,000/- + Rs. 2,16,300/- for registration charges, stamp duty, corpus deposit and legal fees) by installments on different dates. The complainant completed the payment of all installments in the year 2017. After a long persuasion the O.P. No. 1 handed over physical possession of the scheduled flat on 26.02.2021 with pending works. But the execution and registration of the deed of conveyance has not yet been done by the O.P. No. 1 in respect of the scheduled flat in favour of the complainant as per terms and conditions of the agreement for sale. The complainant is all along ready and willing to complete the process of registration of the deed of conveyance. But the O.P. No. 1 failed to execute and register the proper deed of conveyance in favour of the complainant despite repeated requests by the complainant. The matter was referred to the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas having regional Office at Baruipur. But no fruitful result has been achieved through the process of mediation and hence, this instant complaint case has been filed on the reliefs sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case by filing W/V and as such by Order No. 5 Dated 02.05.2024 the instant complaint case was declared to be proceeded ex-parte against the O.P. Nos. 1 & 2.
Points for 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?
Decision with reasons :-
Point No. 1:-
On perusal of the case record along with copies of documents available on record, it appears that the complainant was willing to purchase a self-contained flat measuring about 712 Sq. ft. more fully described in the schedule of the petition of complaint and the O.P. No. 1 agreed to sell the same to the complainant for which allotment letter dated 01.03.2014 has been handed over to the complainant. The complainant paid the entire consideration amount along with other expenses totaling to an amount of Rs.22,96,300/- by installment on different dates. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the Point No.1 is decided in favour of the complainant and against the O.Ps.
Point Nos: 2 & 3:
Both the Point Nos. 1 & 2 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant booked a self-contained flat measuring about 712 Sq.ft. more fully described in the schedule of the petition of complaint. The complainant made payment of Rs.22,96,300/- being the total consideration amount and other incidental expenses only on different dates and the O.Ps. acknowledged the receipt of the same. O.P. No. 1 handed over physical possession of the scheduled flat on 26.02.2021 after a long persuasion along with pending works. But thereafter, despite repeated requests by the complainant the O.P. No. 1 did not execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainant. Therefore, it is clear from the averments of the complainant that the O.P. No. 1 is guilty of deficiency in service and unfair trade practice. Although the matter was referred to the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas having regional Office at Baruipur, but the dispute between the parties was not resolved through the process of mediation for which the complainant was compelled to file the instant complaint case on the reliefs as sought for in the petition of complaint. As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the O.P. No. 1 did not execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainant. The complainant failed to get 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.
Thus the Point Nos. 2 & 3 are also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed ex-parte against the O.P. No. 1 with cost of Rs.25,000/- (Rupees twenty five thousand) only and dismissed against the O.P. No. 2.
The O.P. No. 1 is liable and is directed to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainant within 45 days from the date of passing this order, I/D, the complainant is at liberty to get the deed executed and registered through the machinery of this Commission.
The O.P. No. 1 is liable and is directed to pay compensation to the tune of Rs. 1 lakh only for harassment and mental pain & agony suffered by the complainant within 45 days from the date of passing this order.
That the O.P. No. 1 is liable and is also directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five thousand) only within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.P. No. 1 within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
President
