This is a Consumer Complaint under Section 15 of the Consumer Protection Act, 1986. The fact of the case in nutshell is that the Complainant P. Jha and Others being lured by various advertisements offered by the Opposite Party Jain Group Projects Pvt. Ltd. They were ready and willing to purchase a flat from them. In pursuance of such willingness the Complainants booked a flat that is flat No. D on the third floor of the building named as Starwood situated at Dagapur, Siliguri with one cover car parking space and one servant quarter on the ground floor of the said building and executed an agreement on 31.10.2021 with the Opposite Parties to that affect. As per terms and conditions of such agreement the Opposite Party undertook to complete the said building within 36 months with a grace period of 6 months and any delay the seller was agreed to pay interest at the rate of 6% Per-annum to be calculated on the day-to-day basis. The stipulated period of such 36 months and grace period of 6 months has already elapsed and the Opposite Parties have failed to complete the construction and deliver the possession. The Complainant was asked to pay as consideration money to the tune of Rs. 33,83,400/-. While, the Complainants have paid an amount of 32,26,994/- and the balance remained at Rs. 56,406/- and Complainant was always ready to pay the same at the time of getting possession of the flat. But the Opposite Party has miserably failed to fulfil their duties on their part and for 8 years has already elapsed from the date of agreement. The Opposite Party has failed to deliver the possession of the flat and it was gross and willful deficiency on the part of the Opposite Party and Opposite Party has adopted unfair trade practice by executing the agreement with ill motive so that Complainant registered the Consumer Complaint with a prayer to direct the Opposite Parties to register the scheduled flat in favour of the Complainants after accepting the balance consideration money of Rs. 56,406/- and to direct to the Opposite Parties to pay compensation at the rate of 6% Per-annum interest stipulated in the terms and conditions on the agreement amounting to Rs. 15,67,082/- along with further interest at the rate of 6% Per-annum to be calculated on day-to-day basis till the date of payment and to direct the Opposite Parties to pay Rs. 10,00,000/- as compensation for mental pain and agony Rs. 10,00,000/- for compensation on account of deficiency of service and unfair trade practice and Rs. 50,000/- on account of litigation cost. The Consumer Complaint was registered on 05.02.2020 and it was admitted on 13.02.2020. The notice was sent to the address of the O.P. The notice was returned unserved with a Postal Endorsement “Not Claimed”. In jurisprudential terms not claim means refusal on the part of the addressee. So, the Commission passed an order to the affect that the Opposite Party has duly acknowledged the notice and refusal of notice was deemed to be a good service. The O.P. was asked to file the W.V but the O.P side did not make any response to contest the case and as such the case was posted for Ex-parte hearing.

Decision with reasons

The Complainant Pasupati Jha an Advocate by profession tendered his evidence by swearing an affidavit-in-chief and he corroborated the contends of Consumer Complaint in affidavit. Ld. Advocate Mr. M. Paul is representing the Complainant at the time of hearing of the case mentioned that since the date of agreement. The Opposite Parties with a malafide intention have continuously harassing the Complainant and till this day the flat has not yet handed over to the Complainant for which the Complainant in spite of 98% payment of the total consideration price he could not avail the opportunity to reside in the said flat and under compulsion he has to stay in a rented house at Siliguri. This type of attitude on the part of the Opposite Parties should be discouraged by an order of this Commission and the Complainant a bonafide Consumer should be adequately compensated. In support of his argument, he refers a judicial decision that is Civil Appeal No. 6239 of 2019 delivered by Hon’ble Supreme Court where Hon’ble Supreme Court held that the flat buyers are entitled to compensation for delay handing over of possession. In another judicial decisions by the Hon’ble Supreme Court in Civil Appeal No 3182 of 2019 it was held that a buyer can be accepted to wait for possession for a reasonable period. A period of 7 years is beyond what is reasonable. A letter addressing to Ld. Advocate of the Complainant by O.P. Jain Group Projects Pvt. Ltd dated 26.09.2019 speaks that the flat has become ready to handover to the possession and the O.P. Construction Company is also ready to complete the process of registration of the flat in the name of the Complainant after making payment of the balance amount. As per contents of the Consumer Complaint the balance amount confines to Rs. 56,406/-. Thus, the Consumer Complaint should be allowed for the interest of justice and to protect the interest of a bonafide Consumer.

Hence, it’s ordered

That the instant Consumer Complaint filed by Sri. P. Jha and Others is allowed Ex-parte against O.P. Jain Group Projects Pvt. Ltd. without any cost.

The Opposite Party is directed to register the scheduled flat in favour of the Complainant within two months after accepting the balance consideration money of 56,406/- from the Complainants. The Opposite party is further directed to pay compensation at the rate of 6% Per-annum as interest to be calculated on day-to-day basis which stands at Rs. 15,64,082/- till 05.02.2020 and further interest at the rate of 6% Per-annum over the said amount 15,64,082/- till this day within 2 months. The O.P. is father directed to pay Rs. 1 Lakh as compensation for the mental pain and agony for continuous harassment suffered by the Complainants and Rs. 20,000/- as litigation cost to be paid to the Complainants within 2 months, failing which another 6% Per-annum as interest will be imposed upon the total awarded money.

Let a copy of this order to be supplied to the parties free of cost.