Sri Ashoke Kumar Pal, President
The crux of the instant complaint case in a nutshell is that the complainants booked self contained residential flat measuring about 475 Sq. ft. in the 4th Floor being Flat No. 4/2 at Ishan Housing Project more fully described in the schedule of the petition of complaint and the agreement for sale dated 27.03.2003 at a valuable consideration of Rs. 3,25,000/- (Rupees three lakh and twenty five thousand) only. The complainants paid Rs. 91,000/- (Rupees ninety one thousand) only out of the total consideration amount of Rs. 3,25,000/- (Rupees three lakh and twenty five thousand) and the O.Ps. acknowledged the receipt of the same by issuing money receipt. An agreement for sale dated 23.07.2003 was made by and between the parties. The O.Ps. gave delivery of possession of the said flat on 26.04.2004 in favour of the complainants. Subsequently, the complainants paid the entire consideration amount of Rs. 3,25,000/-(Rupees three lakh and twenty five thousand) only by way of cheque , draft and cash on different dates. After getting possession of the scheduled flat the complainants requested the O.P. No. 1 to execute and register a proper deed of conveyance in favour of the complainants and to handover a copy of sanctioned building plan along with CC. But the O.Ps. failed and neglected to hand over the same and to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants. Ultimately, on 11.12.2020 the complainants sent an Advocate’s letter to the O.Ps. to fix up a date for execution and registration of a proper deed of conveyance. But the O.Ps. refused to receive the said letter and the same was returned with postal remark. As the O.Ps. neither executed and registered a proper deed of conveyance in respect of the scheduled flat in favour of the complainants nor handed over the sanctioned plan along with CC, the complainants were compelled 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 and as such the instant case was declared to be proceeded ex-parte against all the O.Ps. and accordingly the instant case was heard ex-parte.
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 relief as prayed for?
Decision with Reasons :-
Point No.1:
On perusal of the case record along with copies of documents, it appears that the complainants were willing to purchase the scheduled flat more fully described in the schedule of the petition of complaint and the agreement for sale dated 23.07.2003 and the O.Ps. agreed to sell the same to the complainants for which the agreement for sale dated 23.07.2003 has been made by and between the parties. Initially the complainants paid Rs. 91,000/- (Rupees ninety one thousand) only out of the total consideration amount of Rs. 3,25,000/-(Rupees three lakh and twenty five thousand) only and subsequently the balance consideration amount was also paid by the complainants and the O.Ps. acknowledged the receipt of the same by issuing money receipts. Therefore, the complainants are consumers as defined U/S 2(7) of the 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 the scheduled flat and entered into an agreement for sale dated 23.07.2003 with the O.Ps. to that effect. The complainants also made part payment of Rs. 91,000/-(Rupees ninety one thousand) only out of the total consideration amount of Rs. 3,25,000/-(Rupees three lakh and twenty five thousand) only and subsequently paid the entire consideration amount on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts from which it appears that all the payments have been properly made. The O.Ps. on 26.04.2004 handed over the delivery of possession of the scheduled flat along with possession letter (Annexure B). After taking possession of the scheduled flat the complainants on several occasions requested the O.Ps. to execute and register a proper deed of conveyance and to hand over the sanctioned building plan along with CC of the scheduled flat. But the O.Ps. were very much reluctant and paid no heed thereof. 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. 03 :
The complainants booked the scheduled flat more fully described in the schedule of the petition of complaint and the agreement for sale dated 23.07.2003 from the O.Ps. and made payment of entire consideration amount on different dates. But the O.Ps. violated the terms and conditions of the agreement for sale dated 23.07.2003. Neither the O.Ps. executed and registered a proper deed of conveyance nor handed over the CC of the scheduled flat along with the sanctioned plan. Therefore, as the complainants did not get any positive response from the O.Ps., they were compelled to file the instant complaint case against the O.Ps. on the reliefs sought for in the petition of complaint. As such, there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.Ps. did not hand over the sanctioned building plan along with CC of the scheduled flat and also to execute and register a proper deed of conveyance in favour of the complainants. 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 reliefs 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 ex-parte against the O.Ps. with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps. are jointly and/or severally liable and are directed to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants within 60 days from the date of passing this order.
The O.Ps. are jointly and/or severally liable and are directed to hand over sanctioned plan along with CC of the scheduled flat to the complainants within the stipulated period of 60 days from the date of passing this Order.
That the O.Ps. are jointly and/or severally liable and are also directed to pay compensation to the tune of Rs. 30,000/- (Rupees thirty thousand) only from mental pain and agony, deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainants, within 60 days from the date of passing this Order.
That the O.Ps. are jointly and/or severally liable and are also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) only within 60 days from the date of passing this Order.
That the complainants are at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the O.Ps. within 60 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.
Ashoke Kumar Pal
President
