Order No.  15  dt.  28/01/2020

        The case of the complainant in brief is that the complainant entered into an agreement for sale with o.ps. on 8.9.15 for purchasing a flat having an area of 825 sq.ft. more or less @ Rs.1500/- per sq.ft. built up area on the 2^nd floor of the building situated at Mouza - Batika, J.L. No.07, P.S. Pandua, Dist. Hooghly comprising in Dag No.2830, L.R. No.2014 / 20168 appertaining to Khatian No.120/1 and 168 under Boinchi Gram Panchayet. The o.ps. mentioned in the agreement for sale dt.28.12.17 that the construction of the building would be completed within 31.3.18. It was decided that the consideration of the said flat would be Rs.12,37,000/- and out of the said consideration price the complainant paid an amount of Rs.9,28,804/- to o.ps. The building has been completed and the complainant demanded the delivery of the possession of the flat in question in his favour, but o.ps. failed and neglected to provide him the flat for which the complainant sent a lawyer’s notice on 19.6.18. The said letter was delivered on 27.6.18, but o.ps. did not pay any heed, for which the complainant filed this case praying for direction upon the o.ps. for delivery of the possession and execution and registration of the flat in question in favour of the complainant as well as compensation and litigation cost.

            The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the agreement for sale was entered into between them and it was also alleged by o.ps. that the complainant agreed to pay Rs.1800/- per sq.ft. though in the agreement for sale it was written Rs.1500/- per sq.ft. The o.ps. have also admitted that they received an amount of Rs.9,28,804/- from the complainant. The o.ps. agreed to provided the flat to the complainant, but the complainant without waiting for further period filed this case before this Forum. On the basis of the said fact o.ps. prayed for dismissal of the case.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant entered into an agreement for sale with o.ps. for purchasing a flat?
2. Whether o.ps. failed and neglected to provide the flat within the stipulated period?
3. Whether there was any deficiency in service on the part of o.ps.?
4. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that the complainant entered into an agreement for sale with o.ps. on 8.9.15 for purchasing a flat having an area of 825 sq.ft. more or less @ Rs.1500/- per sq.ft. built up area on the 2^nd floor of the building situated at Mouza - Batika, J.L. No.07, P.S. Pandua, Dist. Hooghly comprising in Dag No.2830, L.R. No.2014 / 20168 appertaining to Khatian No.120/1 and 168 under Boinchi Gram Panchayet. The o.ps. mentioned in the agreement for sale dt.28.12.17 that the construction of the building would be completed within 31.3.18. It was decided that the consideration of the said flat would be Rs.12,37,000/- and out of the said consideration price the complainant paid an amount of Rs.9,28,804/- to o.ps. The building has been completed and the complainant demanded the delivery of the possession of the flat in question in his favour, but o.ps. failed and neglected to provide him the flat for which the complainant sent a lawyer’s notice on 19.6.18. The said letter was delivered on 27.6.18, but o.ps. did not pay any heed, for which the complainant filed this case praying for direction upon the o.ps. for delivery of the possession and execution and registration of the flat in question in favour of the complainant as well as compensation and litigation cost.

            Ld. lawyer for the o.ps. argued that the agreement for sale was entered into between them and it was also alleged by o.ps. that the complainant agreed to pay Rs.1800/- per sq.ft. though in the agreement for sale it was written Rs.1500/- per sq.ft. The o.ps. have also admitted that they received an amount of Rs.9,28,804/- from the complainant. The o.ps. agreed to provided the flat to the complainant, but the complainant without waiting for further period filed this case before this Forum. On the basis of the said fact o.ps. prayed for dismissal of the case.

            Considering the submissions of the respective parties, it is an admitted fact that the complainant entered into an agreement with o.ps. for purchasing a flat. The o.ps. in their w/v also admitted that the complainant paid Rs.9,28,804/- out of the consideration price of Rs.12,37,000/-. The o.ps. in their w/v stated that it was agreed by the parties that the price of the flat would be Rs.1800/- per sq.ft. but in the written agreement for sale it was categorically stated that the price would be Rs.1500/- per sq.ft. Since in the written document o.ps. put their signatures and the complainant also put his signature on the said agreement for sale, therefore the price as mentioned in the agreement for sale is to be accepted. since o.ps. stated that the price of the said flat per sq.ft. was enhanced to Rs.1800/- per sq.ft. is a flimsy ground for denial of the flat to the complainant as well as to put pressure upon the complainant for payment of higher price of the flat in question than that of the price mentioned in the agreement itself. In view of the said evidence on record since the complainant has not been provided with the flat in question in spite of part of payment made by him, thereby we hold that there is deficiency in service on the part of o.ps. and the complainant will be entitled to get the flat in question after payment of the balance consideration price to o.ps. Thus, all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.330/2018 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to hand over the possession as well as registration and execution of the flat in question in favour of the complainant after payment of the balance consideration price of Rs.3,08,196/- (Rupees three lakhs eight thousand one hundred ninety six) only from the complainant as well as to pay to the complainant  compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.