Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainant in a nutshell is that with the intention to purchase a self-contained flat measuring about 837 Sq.ft. super built-up area more fully described in the schedule of the petition of complaint as well as agreement for sale dated 23.03.1999, the complainant entered into an agreement for sale dated 23.03.1999 with the O.Ps. The total consideration amount was settled at Rs. 3,55,725/- (Rupees three lakh fifty five thousand seven hundred and twenty five) only and the complainant paid the entire consideration amount by way of installments on different dates. It was agreed by and between the parties that the possession of the scheduled flat will be given by July, 1999 and a proper deed of conveyance will be executed and registered thereafter. After long persuasion by the complainant the construction company handed over the possession of the scheduled flat to the complainant after a huge delay on 25.04.2001. Due to medical issues in the family of the complainant, he was unable to arrange the registration fees etc and in the middle part of 2010 he went to the office of the O.P. No. 1 for execution and registration of the deed of conveyance. But except giving assurance the O.P. No. 1 did not do anything regarding the registration process till 2013. Despite repeated requests the O.Ps. failed to execute and register a proper deed of conveyance in favour of the complainant in respect of the scheduled flat which prompted the complainant to file the instant complaint case 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. As such, by Order No. 5 dated 10.04.2023 and Order No. 6 dated 08.05.2023 the instant complaint case was declared to be proceeded ex-parte against the O.P. Nos. 1, 2 and 3.
Points for Decision :-
- 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 837 Sq.ft. super built-up area more fully described in the schedule of the petition of complaint as well as agreement for sale dated 23.03.1999 and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale dated 23.03.1999 was executed by and between the parties. The complainant paid the entire consideration amount of Rs. 3,55,725/- (Rupees three lakh fifty five thousand seven hundred and twenty five) only by installments on different dates. Therefore, the complainant is a consumer as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the O.Ps.
Point No. 2:-
The complainant booked a self-contained flat measuring about 837 Sq.ft. super built-up area more fully described in the schedule of the petition of complaint as well as agreement for sale dated 23.03.1999. The complainant made payment of Rs. 3,55,725/- (Rupees three lakh fifty five thousand seven hundred and twenty five) only 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 hand over the delivery of possession of the scheduled flat to the complainant by July, 1999. But ultimately, the O.Ps. violated the terms and conditions of the agreement and failed to deliver possession of the scheduled flat to the complainant by the scheduled time. Thereafter, the complainant waited for long and after a long persuasion ultimately the scheduled flat was delivered to the complainant on 25.04.2001. Thereafter, despite repeated requests the O.Ps. failed to execute and register a proper deed of conveyance despite receipt of the entire consideration amount. Therefore, it is clear from the averments of the complainant 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 complainant and against the O.Ps.
Point No. 3:-
The complainant purchased a self-contained flat from the O.Ps. and made payment of Rs. 3,55,725/- (Rupees three lakh fifty five thousand seven hundred and twenty five) only for the same. It was agreed by and between the parties that the possession of the scheduled flat will be delivered by the O.Ps. to the complainant within July, 1999. But ultimately the O.Ps. delivered the possession of the scheduled flat to the complainant on 25.04.2001 after long persuasion of the complainant. The O.Ps. also failed to execute and register a proper deed of conveyance in favour of the complainant in respect of the scheduled flat . The complainant requested the O.Ps. several times for execution and registration of a deed of conveyance in favour of the complainant in respect of the scheduled flat. But the O.Ps. ultimately failed to comply with the same for which the complainant was compelled to file the present 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.Ps. failed to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainant despite receipt of the entire consideration amount. 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 relief as prayed for.
Thus, the Point No. 3 is 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. Nos. 1, 2 and 3 with cost of Rs. 10,000/- (Rupees ten thousand) only.
The O.Ps. are jointly and severally liable and are 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.Ps. are jointly and severally liable and are directed to pay compensation of Rs. 1,00,000/- (Rupees one lakh) only for mental pain and agony 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. 10,000/- (Rupees ten thousand) to the complainant 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.Ps. within 45 days from the date of passing this Order.
Ld. Member Sri Partha Kumar Basu was on leave and as such, he did not take part in hearing the argument of the case. So, he did not sign the Judgement and Order passed on this day.
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
