Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainants in a nutshell is that with the intention to purchase a self-contained flat measuring about 1488 Sq.ft. super built-up area more fully described in schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 24.10.2017, the complainants entered into an agreement for sale with the O.Ps. on 24.10.2017. The complainants paid Rs. 29,20,800/-(Rupees twenty nine lakh twenty thousand and eight hundred) + GST of Rs. 3,06,684/-(Rupees three lakh six thousand six hundred and eighty four) on different dates out of the total consideration amount of Rs. 36,51,000/-(Rupees thirty six lakh and fifty one thousand) only. It was agreed by and between the parties that the scheduled flat will be handed over within 31.03.2019 and a proper deed of conveyance will be executed and registered. The O.Ps. acknowledged the receipt of the payment made by the complainants. It was observed by the complainant that there is inordinate delay in building construction work of the flat which was also not doing in accordance with the sanctioned plan issued by the Maheshtala Municipality. It was agreed by and between the parties that the construction work will be completed and the proposed flat will be handed over to the complainants by 31.03.2019. But the complainants have not yet received the delivery of the possession of the said flat despite repeated verbal requests by the complainants as the O.Ps. did not pay any heed to the requests of the complainants. A letter dated 01.09.2021 was sent to the O.Ps. but the O.Ps. declined to complete the construction work of the flat and to hand over the possession thereof. The O.Ps. also did not execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants. The O.Ps. violated the terms and conditions of the agreement for sale dated 24.10.2017. Ultimately, on 24.11.2021 the complainants sent a legal notice to the O.Ps. through their Advocate requesting them to complete the construction work of the scheduled flat and to handover the possession thereof. It was also requested to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants. But despite receipt of the said Advocate’s letter the O.Ps. failed to comply with the same and hence, this complaint case on the reliefs sought for in the petition of complaint.
The O.P. Nos. 1 and 2 contested the case by filing W.V. contending inter-alia that the allegations of the complainants are all false. The specific case of the O.Ps. is that at the time of execution of the agreement for sale dated 24.10.2017 there was no valid building sanctioned plan. The sanctioned plan was subsequently revalidated. The O.P. No. 1 resumed the construction work after getting revalidated sanctioned plan. Thereafter, on and from 22.03.2020 there was a lockdown for a long period of time for which construction work was suspended for a few months. The O.Ps. are always ready and willing to handover the possession of the scheduled flat to the complainants and to execute and register a proper deed of conveyance receiving the balance consideration amount. But the complainants are reluctant to get the deed of conveyance executed and registered after paying the balance consideration amount. The O.Ps. also denied the other material averments of the petition of complaint para wise and prayed for dismissal of the complaint case with cost.
Points for Decision :-
- Are the complainants consumers?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Are the complainants 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 complainants were willing to purchase a self-contained flat measuring about 1488 Sq.ft. super built-up area more fully described in schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 24.10.2017 and the O.Ps. agreed to sell the same to the complainants for which the deed of agreement for sale dated 24.10.2017 has been made by and between the parties. The complainants paid Rs. 29,20,800/-(Rupees twenty nine lakh twenty thousand and eight hundred) + GST of Rs. 3,06,684/-(Rupees three lakh six thousand six hundred and eighty four) on different dates out of the total consideration amount of Rs. 36,51,000/-(Rupees thirty six lakh and fifty one thousand). Therefore, the complainants are consumers as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainants and against the O.Ps.
Point No. 2:-
The complainants booked a self-contained flat measuring about 1488 Sq.ft. super built-up area more fully described in schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 24.10.2017. The deed of agreement for sale dated 24.10.2017 has been made by and between the parties to that effect. The complainants made payment of Rs. 29,20,800/-(Rupees twenty nine lakh twenty thousand and eight hundred) + GST of Rs. 3,06,684/-(Rupees three lakh six thousand six hundred and eighty four) on different dates and the O.Ps. acknowledged the receipts of the same. It was agreed by and between the parties that the O.Ps. shall complete the construction work and hand over the delivery of possession of the scheduled flat to the complainants by 31.03.2019. But ultimately, the O.Ps. violated the terms and conditions of the agreement for sale dated 24.10.2017 and failed to deliver possession of the scheduled flat to the complainants by 31.03.2019. Thereafter, the complainants requested the O.Ps. verbally as well as by legal notice through his Ld. Advocate dated 24.11.2021 requesting the O.Ps. to deliver the peaceful possession of the scheduled flat in favour of the complainants and to execute and register a proper deed of conveyance receiving the balance consideration amount. But the O.Ps. did not pay any heed to the request of the complainants and no fruitful result was achieved and neither the delivery of possession of the scheduled flat was made in favour of the complainants nor any deed of conveyance was executed and registered by the O.Ps. in respect of the scheduled flat in favour of the complainants. Therefore, it is clear from the averments of the complainants that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, Point No. 2 is also decided in favour of the complainants and against the O.Ps.
Point No. 3:-
The complainants purchased a self-contained flat from the O.Ps. and made payment of Rs. 29,20,800/-(Rupees twenty nine lakh twenty thousand and eight hundred) + GST of Rs. 3,06,684/-(Rupees three lakh six thousand six hundred and eighty four) for the same. A deed of agreement for sale dated 24.10.2017 has been made by and between the parties and it was agreed that the possession of the scheduled flat will be delivered by the O.Ps. to the complainants by 31.03.2019. But ultimately the O.Ps. violated the terms and conditions of the agreement for sale dated 24.10.2017 and failed to deliver the possession of the scheduled flat to the complainants within the scheduled date. The O.Ps. also failed to execute and register a proper deed of conveyance in favour of the complainants in respect of the scheduled flat. Ultimately, finding no other alternative, the complainants requested the O.Ps. verbally as well as through Advocate’s letter dated 24.11.2021 requesting the O.Ps. to complete construction work and to execute and register a proper deed of conveyance in favour of the complainants and to hand over possession thereof to the complainants. But the O.Ps. ultimately failed to comply with the requirement of the Advocate’s letter for which the complainants were compelled to file the present case on the reliefs as sought for. As such, there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.Ps. neither delivered the possession of the scheduled flat nor executed and registered a proper deed of conveyance in respect of the scheduled flat in favour of the complainants receiving the balance consideration amount. The complainants failed to get service from the O.Ps. On the other hand, the complainants were harassed by the O.Ps. by various ways. Therefore, the complainants are entitled to get the relief as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainants 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 on contest against the O.P. Nos. 1 & 2 with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps. are jointly and severally liable and are directed to deliver the scheduled flat measuring about 1488 Sq.ft. super built-up area more fully described in schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 24.10.2017 and to execute and register a proper deed of conveyance of the same within 45 days from the date of passing this Order receiving the balance consideration amount from the complainants at the time of registration of the deed of conveyance.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs. 29,20,800/-(Rupees twenty nine lakh twenty thousand and eight hundred) + GST of Rs. 3,06,684/-(Rupees three lakh six thousand six hundred and eighty four) along with simple interest @12% p.a. w.e.f. 24.10.2017 (date of agreement for sale) till the date of final realization within 45 days from the date of passing this Order.
That the O.Ps. are jointly and severally liable and are also directed to pay compensation to the tune of Rs. 2,00,000/- (Rupees two lakh) only for mental pain and agony, deficiency in service, unfair trade practice and harassment suffered by the complainant within 45 days from the date of passing this Order.
That the O.Ps. are jointly and severally liable and are also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) to the complainants only within 45 days from the date of passing this Order.
That the complainants are 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.Ps. 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.nic.in.
Dictated and corrected by me.
President
