The case of the complainant in short is that the complainant with intent to purchase a flat measuring about 710 Sq. ft. more fully described in the schedule of the petition of complaint as well as agreement for sale executed by and between the parties on10.08.2015. The consideration amount was settled at Rs.23,50,000/- (Rupees Twenty three Lakhs Fifty Thousand) out of which the complainant paid Rs.21,21,819/- (Rupees Twenty One Lakhs Twenty One Thousand Eight Hundred and Nineteen) on different dates and the OPs acknowledged the receipt of the same. The possession of the scheduled flat was delivered to the complainant in December, 2019 but without any written letter of possession and without completion of the construction work. The OPs did not pay any heed to the requests of the complainant to complete the construction work and to issue possession letter. The completion certificate was also not given to the complainant. The complainant requested the OPs several times to execute and register a proper Deed of Conveyance receiving the balance consideration amount of Rs.2,28,181/-. But the OPs turned a deaf ear to the requests of the complainant although he is all along ready and willing to pay the balance consideration amount. In the meantime dispute between the Land Owners and the Developers cropped up and taking the plea of the same the OPs did not complete the incomplete construction works, did not install the lift and also did not hand over the relevant papers and documents to the complainant such as possession letter, completion certificate etc. The OPs also declined to execute and register a proper Deed of Conveyance in favour of the complainant despite repeated requests on several occasions which prompted the complainant to file the instant complaint case on the relief as sought for in the petition of complaint.
The OP No.3 to 6 did not come forward to contest the case by filing W/V and as such by Order No.26 dated 05.09.2022 the instant case was declared to proceed ex-parte as against the OP Nos. 3 to 6.
Names of OP Nos. 4 & 5 were deleted on their death and their legal heirs and successors have been substituted as OP Nos. 4(a) to 4(e). But they also did not come forward to contest the case by filing W/V and as such by Order No.37 dated 22.03.2024 the instant case has been declared to proceed ex-parte as against the OP Nos. 4(a) to 4(e) also.
The OP Nos. 1 & 2 contested the case by filing W/V contending inter allia that the claims of the complainant are all false. The specific case of the OP Nos. 1 & 2 is that the OPs have already applied for completion certificate. All incomplete works in respect of common space and other area is going on. The complainant intentionally did not register the Deed of Conveyance in respect of the scheduled flat though the OP Nos. 1 & 2 are all along ready and will to execute and register the same. The OP Nos.1 & 2 also denied the other material averments of the complaint petition para-wise and prayed for dismissal of the complaint case with cost.
Points for consideration :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Point No.1 :-
On perusal of the case record along with copies of documents annexed there to, it appears that the complainant was willing to purchase a flat as described in the agreement for sale as well as the schedule of the petition of complaint. The complainant paid Rs.21,21,819/- (Rupees Twenty One Lakhs Twenty One Thousand Eight Hundred and Nineteen) on different dates out of the total consideration amount Rs.23,50,000/- (Rupees Twenty three Lakhs Fifty Thousand) and the OPs acknowledged the receipt of the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OPs.
Points No.2 & 3 :-
Both the Points No.2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant booked the scheduled flat more fully described in the schedule of the agreement for sale as well as in the schedule of the petition of complaint. The complainant paid Rs. Rs.21,21,819/- (Rupees Twenty One Lakhs Twenty One Thousand Eight Hundred and Nineteen) on different dates out of the total consideration amount of Rs.23,50,000/-. The possession of the scheduled flat was given in December, 2019 but without any written letter of possession and without completion of the construction work. The complainant requested the OPs several times to issue possession letter, to complete the construction work, to hand over the completion certificate and to execute and register a proper Deed of Conveyance receiving the balance consideration amount of Rs.2,28,181/-(Rupees Two Lakhs Twenty Eight Thousand One Hundred and Eighty One) only but the OPs turn a deaf ear to the requests of the complainant although he is all along ready and willing to pay the balance consideration amount. In the meantime dispute between the Land Owners and the Developers cropped up and ultimately the OPs declined to hand over the possession of letter, to complete the construction work, to hand over the completion certificate and to execute and register a proper Deed of Conveyance in favour of the complainant in respect of the scheduled flat. The evidence of the complainant could not be contradicted by the OPs. On the other hand, it came out that the complainant failed to get service from the OPs and was harassed by the OPs by various ways. Therefore, it is clear from the materials available on record that the OPs are guilty of deficiency in service and unfair trade practice. As such, 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 OPs.
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 OP Nos.1 & 2 and ex-parte against the rest with cost of Rs.20,000/- (Rupees Twenty Thousand) only.
The OPs are jointly and severally liable and are directed to execute and register a proper Deed of Conveyance in favour of the complainant in respect of the scheduled flat within 45 days from the date of passing this order on receipt of the balance consideration amount on the day of registration of the Deed of Conveyance in default the complainant is at liberty to put the order into execution and get the Deed of Conveyance executed and registered through the machinery of this Commission depositing the balance consideration amount in the Consumer Welfare Fund / Legal Aid Fund.
The OPs are jointly and severally liable and are directed to hand over the possession letter to the complainant obtaining the same from the competent authority and to complete the incomplete work within 45 days from the date of passing this order before execution and registration of the Deed of Conveyance in default the cost and expenses to complete the incomplete works and to obtain the completion certificate will be adjusted from the balance consideration amount of Rs.2,28,181/-.
The OPs are jointly and severally liable and are directed to pay compensation of Rs.1,00,000/- (Rupees One Lakh) only for mental pain, agony and harassment caused to the complainant within 45 days from the date of passing this order.
The OPs are jointly and severally liable and are directed to pay litigation cost of Rs.20,000/- (Rupees Twenty Thousand) only within 45 days from the date of passing this order.
Let a copy of this 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
