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Advocate Jayashree Kulkarni for the complainants
Opponent absent
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 29th August 2013
This complaint is filed by complainants against the Opponent builder for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Opponent agreed to sell flat No.103 on the first floor admeasuring 418 sq.ft. with attached terrace of 96 sq.ft. to the complainants from the building named as “First Rose” which is situated at S.No. 36, Katraj, Pune. Agreed consideration was Rs.13,64,825/-. Complainants have paid Rs.5000/- at the time of booking and Rs.3,00,000/- through cheques till 12/07/2010. They have submitted proposal to the S.B.I. for housing loan but their proposal was rejected because of the double booking of the said flat. Then they approached to the Opponent. At that time he had cancelled the first transaction by obtaining deed of cancellation. Thereafter the complainants approached to the L.I.C. for housing loan and the loan was sanctioned. L.I.C. has charged rate of interest @ 9.5% p.a. that was more than 1.5% p.a. which was agreed by the S.B.I. The complainants were always ready and willing to perform their part of contract. However the opponent had not obtained completion certificate and informed the stages of construction from time to time. Opponent is avoiding to hand over possession of the flat as the price of the immovable property is increased. The complainants are ready to pay Rs.10,64,825/-. They have prayed for directing the opponent to accept the loan amount from the L.I.C. and deliver the possession of the flat as well as execute the sale deed. They have also asked compensation of Rs.50,000/-.
[2] Opponent though duly served remained absent. During the pendency of the proceeding the original partner Pradeep Dhewarchand Bhansali died. His legal heir Shri. Sanket Pradeep Bhansali was brought on record. But he had also not filed the written statement and contested the complaint. The complainants have produced voluminous documents such as copy of the agreement between the parties letter issued by the S.B.I. as regards rejection of the loan proposal, the letter issued by the L.I.C. as regards sanction of the loan. The complainants have also filed affidavit in support of their contention. The oral as well as documentary evidence which is produced by the complainants is not challenged by the Opponent. It reveals from the record more particularly agreement that the Opponent agreed to sell out the disputed flat to the complainant for Rs.13,64,825/-. According to the complainants they have paid Rs.3,05,000/- and amount of Rs.10,59,825/- remained unpaid. It reveals from the letters issued by the S.B.I. and L.I.C. that initially loan proposal was rejected by the S.B.I. but subsequently the said proposal was sanction by the L.I.C. The Opponent has not produced any documentary or oral evidence in order to rebut the contention of the complainants. Hence I held that the complainants are entitled for the relief as claimed. Hence I pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponent has caused deficiency in service.
3. Opponent is directed to hand over the vacant possession of the flat No. 103, 1st floor, admeasuring 418 sq.ft with terrace of 96 sq.ft. in the building “First Rose”, S.No. 36, Katraj, Pune to the complainant after accepting Rs.10,59,825/- within six weeks from the date of receipt of copy of order.
4. Opponent is directed to pay compensation of Rs.10,000/- for deficiency in service, mental and physical sufferings and cost of litigation to the complainant within six weeks from the date of receipt of copy of order.
5. Parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place- Pune
Date – 29/08/2013
[S. M. Kumbhar] [V. P. Utpat]
Member President
