DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, LUCKNOW
CASE No.333 of 2008
Smt. Jyoti Gupta,
W/o Sri Lalit Gupta,
R/o 42A and 43, Adil Nagar,
Kursi Road, Lucknow.
……Complainant
Versus
- M/s Avadh Constructions (P) Ltd.,
Through its Managing Director,
Sri Lavinder Singh Sachdeva,
Registered Office- 125A, Antariksha Bhawan,
22, Kasturba Gandhi Marg, New Delhi-110001.
- M/s Avadh Constructions (P) Ltd.,
Through its Managing Director,
Sri Lavinder Singh Sachdeva,
Lucknow Office- 6, Kapoorthala Complex,
Palika Bazar, Aliganj, Lucknow.
.......Opp. Parties
Present:-
Sri Vijai Varma, President.
Smt. Anju Awasthy, Member.
Sri Rajarshi Shukla, Member.
JUDGMENT
This complaint is filed by the Complainant against the OPs for directing the OPs to execute the sale deed of the property and get it registered in the office of the Sub-Registrar, Lucknow and for payment of Rs.1,00,000.00 as compensation for mental agony.
The case in brief of the Complainant is that the OPs built a commercial complex named Palika Bazar at Block No.6, Kapoorthala Commercial Complex, Aliganj, Lucknow on a piece of land allotted by LDA. In the above mentioned complex an office/shop/show room No.UG-34 of an approximate super area of 340 sq. ft. on ground floor was allotted for the consideration of Rs.2,50,000.00 to one Sri Ajit
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Kumar as per buyer allotment document. The amount of consideration of Rs.50,000.00 on 24.06.2003, Rs.1,50,000.00 on 07.10.2003 and Rs.50,000.00 on 28.10.2003 totalling Rs.2,50,000.00 was paid to the OPs. In addition to the above, an amount of Rs.9,556.00 being maintenance charges and interest was further paid to the OPs on 07.06.2006. After payment of amount of full consideration of Rs.2,50,000.00 to the sellers the buyer was entitled to get the property in question registered in his name. On 07.11.2006 the above named buyer Sri Ajit Kumar agreed to sell and transfer the above said property to the Complainant and accordingly after making payment of full consideration of the said property by the Complainant to the original buyer Sri Ajit Kumar on 07.11.2006, Sri Ajit Kumar in token of having received the full consideration for the property in question made an endorsement on all the receipts. Besides all these receipts were also counter signed by the OPs in token of having consented for the said sell and transfer of the above property in favour of the Complainant. The name of the Complainant was also added on the buyer allotment document by the OPs and consequently each page of this document was signed by the Complainant and the document was endorsed by the OPs on 07.11.2006 in token of having consented for the transfer of rights. The said transfer of rights over the above mentioned property was effected with the consent of the OPs and as per their requirements an amount of Rs.5,000.00 being administrative charges for transfer was paid by the Complainant to the OPs on 07.11.2006 and accordingly the letter of transfer confirming change of right was signed by the OPs on 07.11.2006 besides the transferor Sri Ajit Kumar and the Complainant. The OPs having already received full consideration of the above mentioned property as well as administrative charges for transfer and confirmation of the transfer of rights over the said property in the name of the
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Complainant by the OPs, the Complainant became buyer of the property in question and also became entitled to get the sale deed executed and registered in her name immediately. Since 07.11.2006 the Complainant remained ever ready and willing to get the sale deed executed and registered in her name and requested the OPs several times for the same but the OPs did not do so. Even on 03.03.2008 on the OPs’ promises the Complainant remained present at the office of the Sub-Registrar, Lucknow waiting for the OPs right from 9.00 am to 5.00 pm but the OPs did not turn up. On 15.04.2008 the Complainant sent a legal notice to the OPs but the OPs have failed to execute and registration of the sale deed, hence this complaint.
Notice was issued to OP No.1 but none appeared, hence the case proceeded exparte against OP No.1 vide order dated 15.10.2015. Notice was issued to OP No.2 through newspaper but none appeared, hence the case proceeded exparte against OP No.2 vide order dated 25.02.2015.
The Complainant has filed his affidavit with 8 annexures and also filed cutting of newspapers. The Complainant has filed written arguments.
Heard Counsel for the Complainant and perused the entire record.
In this case, one Sri Ajit Kumar was allotted an office/shop/showroom No.UG-34 for a sum of Rs.2,50,000.00. The entire amount was paid by Sri Ajit Kumar and also an amount of Rs.9,556.00 was paid as maintenance charges and interest on 07.11.2006. Sri Ajit Kumar agreed to sell and transfer the above said property to the Complainant and accordingly after making payment of amount of consideration for the said property by the Complainant to the original buyer Sri Ajit Kumar on 07.11.2006, Sri Ajit Kumar made an endorsement on all the receipts mentioned which were also countersigned by the OPs on token of having consented the
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aforesaid selling and transfer of the property to the Complainant. The Complainant was also added as the buyer in the allotment document by the OPs and for the said transfer rights over the property in question as per the requirements of the OPs a sum of Rs.5,000.00 was also paid by the OPs. Since 07.11.2006 the Complainant had been ready and willing to execute the sale deed but the OPs have been putting off the matter on one pretext or the other, hence this complaint.
The Complainant has filed photocopy of the receipts which show that the OPs were paid Rs.50,000.00 on 24.06.2003, Rs.1,50,000.00 on 07.10.2009, Rs.50,000.00 on 28.10.2003 and Rs.9,556.00 on 07.06.2006 by Sri Ajit Kumar the original buyer. A receipt of Rs.5,000.00 of 07.11.2006 shows that the Complainant had paid this amount for the transfer of this property No.UG-34 in Palika Bazar. From the aforesaid receipts, it is clear that Rs.2,50,000.00 was paid for the property in question and Rs.9,556.00 was paid for maintenance charges of the property in question and Rs.5,000.00 was paid by the Complainant for the transfer of property in her name. The Complainant has also filed a photocopy of the letter written by Sri Ajit Kumar the original owner of the transfer of the property in the name of the Complainant Smt. Jyoti Gupta. This letter is addressed to the OPs. The Complainant has also filed an allotment letter of the property in question where the Complainant has also signed the agreement. From the aforesaid documents, it is clear that the property in question which was originally allotted to one Sri Ajit Kumar was subsequently transferred in the name of Smt. Jyoti Gupta after payment of entire amount of consideration etc. Therefore, the Complainant was entitled to get the property in question transferred in her name but according to the Complainant the OPs are not executing the sale deed in her favour, therefore they have committed deficiency in service. The OP No.1 took time to file WS but
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did not file any WS and OP No.2 was issued notice through publication but none appeared nor any WS filed, hence the case proceeded exparte against them. The Complainant has filed her affidavit in support of her complaint. The OPs have neither filed any WS nor any counter affidavit to counter the allegations of the Complainant, therefore from the documents produced by the Complainant and averments made by her in her affidavit it is clear that the Complainant had purchased the property in question from one Sri Ajit Kumar who had made the entire payment of the property and that the Complainant also was permitted by the OPs to get the property transferred in her name and they also took charges for the purpose but despite all this the OPs did not execute the sale deed in her favour and therefore the OPs have committed deficiency in service. The Complainant, therefore, is entitled to get the sale deed executed by the OPs. She also appears to have been harassed in this regard, therefore she is entitled to compensation as also cost of the litigation.
ORDER
The complaint is partly allowed. The OPs are jointly and severally directed to execute the sale deed in favour of the Complainant.
The OPs are also directed to pay Rs.10,000.00 (Rupees Ten Thousand Only) as compensation and Rs.3,000.00 (Rupees Three Thousand Only) as cost of the litigation to the Complainant.
The compliance of the order is to be made within a month.
(Rajarshi Shukla) (Anju Awasthy) (Vijai Varma)
Member Member President
Dated: 21 December, 2015
