Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in short is that the complainant booked a one bed room flat measuring about 180 sq.ft. in the 2nd floor more fully described in the schedule of the petition of complaint and agreement for sale dated 29.04.2020 at a consideration of Rs.3,00,000/- (Rupees three lakhs) for which the complainant and the predecessor of OP Nos. 2-5 Late Sanjib Mondal entered into an agreement for sale on 29.04.2020. The complainant paid Rs.2,00,000/- (Rupees two lakhs) @ Rs.1,00,000/- (Rupees one lakh) each on two different dates. Subsequently in the month of May, 2020 Sanjib Mondal died and the OP Nos.2-5 being his legal heirs and successors stepped into the shoes of Sanjib Mondal. The complainant verbally requested the OPs to hand over the possession of the scheduled flat after completion of the same to the complainant and to execute and register a proper Deed of Conveyance in favour of the complainant but the OPs avoided to do the same on different pretext. Lastly, finding no other alternative the complainant sent two letters through his Advocate Sri Bholanath Sarkar on 07.03.2022 and 02.04.2022 requesting the OPs to deliver peaceful possession of the flat after completion of the same and to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainant. The OPs failed to comply with the requirements of the legal notice which prompted the complainant to file the instant complaint case on the relief sought for in the petition of complaint.
OPs.did not come forward to contest this case by filing W/V and as such, the instant complaint case was declared to be proceeded ex-parte against all the OPs by Order No.5 dated 14.10.2022 and Order No.7 dated 24.01.2023 and accordingly the instant case was heard ex-parte.
Points for Decision :-
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant 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 complainant was willing to purchase the scheduled flat and the predecessor of OP Nos.2-5 Sanjib Mondal agreed to sell the same to the complainant and for which an agreement for sale was made by and between the parties on 29.04.2020. The complainant paid Rs.1,00,000/- on 20.04.2020 and subsequently also paid another Rs.1,00,000/- to the said Sanjib Mondal the predecessor of OP Nos.2-5 out of the total consideration amount of Rs.3,00,000/- (Rupees three lakhs) and the predecessor of the OPs acknowledged the receipt of the same. Therefore, the complainant is a consumer as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OPs.
Point No:2 :
The complainant booked the scheduled flat and entered into an agreement on 29.04.2020 with the predecessor of OP Nos.2-5 Sanjib Mondal and paid advance amount of Rs.1,00,000/- (Rupees one lakh). Subsequently the complainant also paid further amount of Rs.1,00,000/- (Rupees one lakh) and the said Sanjib Mondal acknowledged the receipt of the same. Despite repeated requests by the complainant the successors of Sanjib Mondal OP Nos.2-5 failed to deliver the peaceful vacant possession of the scheduled flat in habitable condition and also executed and registered a proper Deed of Conveyance in respect of the scheduled flat in favour of the complainant. The OPS also did not return back the advance amount of Rs.2,00,000/- (Rupees two lakhs) with interest to the complainant. 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 booked the scheduled flat by executing an agreement for sale dated 29.04.2020 with Sanjib Mondal, the predecessor of OP Nos.2-5 and paid advance amount of Rs.2,00,000/- (Rupees two lakhs) on different dates but the OPs violated the terms and conditions and did not deliver the scheduled flat in habitable condition after completion of the incomplete works. The complainant sent two advocate’s letters dated 07.03.2022 and 02.04.2022 requesting the OPs to hand over the peaceful vacant possession of the scheduled flat in habitable condition after completion of the construction work and to execute and register a proper Deed of Conveyance in favour of the complainant. But the OPs did not comply with the legal notices and did not pay any heed to the complainant’s request. The complainant failed to get any 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 with cost of Rs.15,000/- (Rupees fifteen thousand) only.
The OPs are jointly and severally liable and are directed to hand over the vacant possession of the scheduled flat to the complainant after completion of the incomplete works and making the same in habitable condition and execute and register a proper Deed of Conveyance in respect of the scheduled flat in favour of the complainant within 45 days from the date of passing this order.
Alternatively, the OPs are jointly and severally liable and are directed to return back the advance amount of Rs.2,00,000/- (Rupees two lakhs) only to the complainant with simple interest @12% p.a. w.e.f. 29.04.2020 (Date of execution of agreement for sale and also the date of payment of first installment) till the date of final realization, within 45 days from the date of passing this order.
That the OPs are jointly and severally liable and are also directed to pay compensation to the tune of Rs.30,000/- (Rupees thirty thousand) only for mental pain and agony, deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainant, within 45 days from the date of passing this order.
That the OPs are jointly and severally liable and are also directed to pay litigation cost of Rs.15,000/- (Rupees fifteen thousand) only 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.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
