Sri Ashoke Kumar Pal, President
The crux of the instant complainant case in a nut shell is that the complainant booked a self-contained flat measuring about 1020 Sq. ft. in the 2nd floor along with an open car parking space measuring about 150 Sq. ft. in the ground floor of the said apartment more fully described in the schedule of the Deed of Conveyance dated 29.12.2010. A Deed of Conveyance dated 29.12.2010 has been executed and registered in respect of the scheduled flat along with car parking space in favour of the complainant along with a letter of possession in this regard transferriang the physical possession of the schedule flat along with car parking space. The complainant paid the entire consideration amount of Rs.15,50,000/- by instalment on different dates and the OPs duly acknowledged the receipt of the same. After the delivery of possession was made in favour of the complainant it was observed that the drainage system, boundary wall etc. along with some other works were not completed for which no completion certificate has been provided by the local municipality despite repeated requests by the complainant. Thereafter, on 20.12.2019 and on 24.02.2022 legal notices were sent to the OPs to complete the incomplete works. But the OPs paid no heed thereof and failed to comply with the requirement of the said notice. As per terms of the development agreement the OPs are to complete the project within a period of 18 months which is extended up to three more months from the date of receiving a sanctioned building plan which was duly sanctioned on 01.06.2009. Therefore, the contractual period of (18+3) 21 months ended on 28.02.2011. But till date the incomplete work has not been completed and as a result thereof no completion certificate has been issued by the municipality and hence this case on the reliefs sought for in the petition of complaint.
None of the OPs came forward to contest the case by filing W/V and as such by Order no.6 Dated 24.04.2023 the instant complaint case was declared to be proceeded ex-parte against the OP Nos. 1, 2 & 3.
Points for consideration :-
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service?
- Is the complainant entitled to get reliefs as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the case record along with copies of documents, it appears that the complainant was willing to purchase a self-contained flat measuring about 1020 Sq. ft. along with open car parking space measuring about 150 Sq.ft. more fully described in the schedule of the Deed of Conveyance dated 29.12.2010 and the OPs agreed to sell the same to the complainant for which a Deed of conveyance dated 29.12.2010 has been executed and registered in favour of the complainant along with delivery of possession of the same to the complainant. The Complainant paid the entire consideration amount of Rs.15,50,000/- by instalment on different dates 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, the 1st point is decided in favour of the complainant and against the OPs.
Point No:2 :
The complainant booked a self-contained flat measuring about 1020 Sq.ft. along with an open car parking space measuring about 150 Sq. ft. more fully described in the schedule of the Deed of Conveyance dated 29.12.2010. The complainant made payment of the entire consideration amount of Rs.15,50,000/- only on different dates and the OPs acknowledged the receipt of the same.
A proper Deed of Conveyance has been executed and registered on 29.12.2010 along with delivery of possession of the scheduled flat in favour of the complainant. But after getting the delivery of possession it was observed by the complainant that the drainage system and the boundary wall along with some other works have not yet been completed for which no completion certificate has been provided by the local municipality. Apart from repeated requests the complainant sent two legal notices on 20.12.2019 and 24.02.2022 requesting the OPs to complete the incomplete work for obtaining the completion certificate. But the OPs paid no heed thereof and failed to comply with the requirements of the legal notice. Therefore, it is clear from the averments of the complainant that the OPs are guilty of deficiency in service and unfair trade practice.
As such, Point No.2 is also decided in favour of the complainant and against the OPs.
Point No.03 :-
The complainant purchased a self contained flat along with an open car parking space from the OPs and made payment of the entire consideration amount of Rs.15,50,000/- for the same which has been acknowledged by the OPs. A proper Deed of Conveyance has also been executed and registered on 29.12.2010 and the possession of the scheduled flat along with open car parking space has also been handed over to the complainant. The complainant after getting delivery of possession observed that the drainage system and the boundary wall along with some other works have not yet been completed and for which the local municipal authority is not providing the completion certificate. The complainant requested the OPs verbally several time and also sent legal notices on 20.12.2019 and 24.02.2020 requesting the OPs to complete the incomplete works.
OPs paid no heed thereof and failed to comply with the requirements of the notice for which the complainant was compelled to file the present case on the relief as sought for in the petition of complaint. As such there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the OPs failed to complete the construction work and to obtain the completion certificate from the local municipal authority in respect of the scheduled flat along with open car parking space in compliance with the requirements of the legal notices despite receipt of the entire consideration amount. The complainant failed to get service from the OPs. On the other hand, the complainant was harassed by the OPs by various ways. Therefore, the complainant is entitled to get the relief as prayed for.
Thus the Point No.3 is 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 ex-parte against the OPs 1, 2 & 3 with cost of Rs.25,000/- (Rupees twenty five thousand) only.
The OPs are jointly and severally liable and are directed to complete the incomplete work of the scheduled project as described in the Deed of Conveyance dated 29.12.2010 and to hand over the completion certificate to the complainant within 45 days from the date of passing this order after obtaining the same from the local municipal authority I/D the OPs are jointly and severally liable to pay the cost for completion of the incomplete works to be done by the complainant and the other flat owners of the project along with cost of obtaining the completion certificate.
The OPs are also jointly and severally liable and are directed to pay compensation of Rs.1,00,000/- (Rupees one lakh) only for harassment, mental pain and agony, suffered by the complainant within 45 days from the date of passing this order.
That the OPs are also jointly and severally liable and are directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five thousand) only as aforesaid to the complainant within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OPs within 45 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.in.
Dictated and corrected by me.
Ashoke kumar Pal
President
