Complainant through Adv. Mrs. Supriya Joshi
Opponent absent
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Per : Smt. Geeta S. Ghatge Place : PUNE
// J U D G M E N T //
(10/12/2013)
This complaint is filed by the complainant against the builder and promoter. The brief facts of the complaint are as follows;
1] The complainant has booked the flat no. 16 with the opponent M/S Jayraj Builders Promoter’s “Shree Jaiteerth Co-operative Housing Society” in the year 1990. The complainant has deposited the agreed amount of the flat. But in spite of receiving the said agreed amount, the opponent has not entered into registered agreement with the complainant till the date of filing this complaint.
2] The complainant contended that the opponent has given possession of the said flat to the complainant in the year 1990. Since 1990 the complainant is residing in the said flat and from the year 1991-1992 paying the Corporation taxes and the electricity bills, which are in the name of the complainant.
3] But, even after the agreed payment and giving the possession of the flat, the opponent never entered into registered agreement with the complainant. Hence, complainant has orally, by sending letters and by visiting opponent’s office personally requested repeatedly to the opponent to enter into registered agreement. But the opponent never took cognizance of such requests. So the complainant sent three notices by RPAD to the opponent, which had been received by the opponent. But the opponent has not taken cognizance of such notices or never replied the notices.
4] The complainant further contended that as the opponent failed to perform his bounded duty of entering into registered agreement and conveyance deed, the services provided by him are not satisfactory and up to the mark. Due to careless and negligent act of the opponent, there is unnecessary harassment and mental agony caused to the complainant. And also he has to face lot of difficulties for which, the opponent is responsible, which compelled the complainant to file the complaint application before this Forum. And hence complainant prays to give directions to the opponent to enter into registered agreement with the complainant and the stamp duty of which will be borne by the opponent alone. Complainant demanded for the compensation of Rs. 10,00,000/- for not entering into agreement with 18% interest p.a. from 1990 till the execution of the agreement. And also asked for heavy penalty of Rs. 4,00,000/- for negligent and careless act of the opponent along with the cost of complaint application.
5] In support of the complaint application, the affidavit and the necessary documents are filed by the complainant.
6] After service of the notice of the Forum, the opponent through his counsel appeared before the Forum, but failed to file his written say. Hence, No-say order was passed against the opponent. After oral argument of the complainant, matter is kept for judgment.
7] After considering the pleadings of the complainant, scrutinizing the documentary evidence, affidavit, written argument and hearing the argument of the counsel of the complainant, following points arise for determination. The points, findings and the reasons thereon are as follows,
Sr.No. | POINTS | FINDINGS |
1. | Whether opponent is held liable for the deficient service? | In the affirmative |
2. | What order? | Complaint is partly allowed |
REASONS AS TO THE POINT NOs. 1 & 2 :-
8] It is the case of the complainant that, he has booked a flat in the opponent’s society named “Shree Jaiteerth Co-operative Housing Society”. He paid total agreed amount of the flat to the opponent in 1990. In support of this contention, complainant filed receipts given by the opponent against such payments. The number of receipts, date of payment and the amount are as follows :-
Sr. No. | No. of Receipt | Date | Amount in Rs. |
1. | 116 | 19/06/1990 | 60,000/- |
2. | 120 | 25/04/1990 | 84,000/- |
3. | 127 | 30/05/1990 | 40,000/- |
4. | 135 | 24/07/1990 | 39,500/- |
5. | 144 | 13/10/1990 | 15,000/- |
6. | 147 | 14/11/1990 | 20,000/- |
7. | 151 | 12/12/1990 | 20,000/- |
After perusal of these receipts, it is noticed by the Forum that, these receipts contend that payments were made “on account of booking of flat no. 16 in Shree Jaiteerth Apartment, Parvati, Pune” by the opponent, M/S Jayraj Builders Promoters.
9] The complainant also contended that, the promoter has given possession of the flat no. 16 in the said society in the year 1990. Since 1991, he is paying Corporation Taxes and the M.S.E.B. bills. In support of this, complainant has filed two receipts of the payment of taxes in the year 1991-1992 and 1992-1993 and also submitted on record the electricity bill for the period of 7/4/2012 to 7/5/2012, which is in the name of complainant.
10] From these documents, it is clear that the complainant has paid the agreed amount of the flat to the opponent and hence the opponent, Promoter has given the possession of the said flat no. 16 to the complainant in the year 1990 and from 1991 he is paying the municipal taxes.
11] Complainant further made a complaint against the opponent that, in spite of the total payment of agreed amount and in spite of the several oral and written requests and the notices, sent by the complainant, the opponent failed to enter into registered agreement with the complainant. In support of this complaint, the complainant has presented before the Forum, two request letter sent by him and three notices issued through his counsel to the opponent.
12] On the contrary, even though the opponent appeared before the Forum, he failed to file his written say and failed to resist the entire contentions and the complaints made against him by the complainant.
13] From the documentary evidence on record and the circumstances in the case, it is the opinion of the Forum that, complainant has proved his complaint strongly. And also it is proved that the opponent failed to perform his bounded duty to enter into registered agreement with the complainant, in spite of receiving agreed amount for the flat. And by this the opponent provided the deficient service to the complainant.
14] Hence, it is the opinion of the Forum that it is just and proper to direct the opponent to enter into registered agreement with the complainant within four weeks from the date of receiving the copy of the judgment. If the opponent is failed to do so within stipulated period, the opponent shall have to pay penalty of Rs. 500/- per day till entering into registered agreement with the complainant.
15] No doubt, due to the continuous deficient service provided by the opponent from 1990, complainant has to face several problems, as well as physical and mental agony. Hence, the Forum allow the compensation of Rs. 25,000/- and also the cost of Rs. 5000/- for the complaint application to the complainant.
Hence, the Forum answers the points accordingly and pass the following order.
** ORDER **
1. Complaint is partly allowed.
2. The opponent is hereby directed to enter
into registered agreement with the complainant
within four weeks from the date of receipt of
the judgment. If the opponent failed to do so,
he shall have to pay penalty of Rs. 500/- per
day to the complainant till entering into
registered agreement with the complainant.
3. The opponent is hereby directed to pay
Rs. 25,000/- (Rs. Twenty Five Thousand
only) towards physical and mental agony
and also an amount of Rs.5,000/- (Rs. Five
Thousand only) towards cost of the complaint
within 6 weeks from the date of receipt of
copy of the order.
4. Copies of this order be furnished to the
parties free of cost.
5. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 10/12/2013
