Date of filing : 16/09/2015
Order no. 15
The case of the complainant in brief is that the complainant on the basis of an advertisement appeared in daily newspaper applied to o.p. for purchasing a flat situated at Building No.9, Flat No.B2, northeast facing measuring about 497 sq.ft. @ Rs.1750/- per sq.ft. The complainant at the time of submission of application form submitted two cheques of ICICI Bank, Behala Branch amounting to Rs.10,000/- and Rs.1,30,632/- totaling an amount of Rs.1,40,632/- i.e. 15% of the booking amount against 497 sq.ft. super built up flat @ Rs.1750/- per sq.ft. It was further stated that after such payment o.p. illegally enhanced the price rate from Rs.1750/- per sq.ft. to Rs.1850/- per sq.ft. which will revealed from the consideration price mentioned in the pucca money receipt i.e. Rs.8,94,391/-. The complainant has raised objection regarding enhancement of the price of per sq.ft. of the said flat. Since o.p. made unfair trade practice for which the complainant wanted to withdraw the application and she was informed that huge amount would be deducted in respect of the payment made by her. Since there was illegal act on the part of o.p. by enhancing the price of per sq.ft. flat for which the complainant filed this case praying for direction upon the o.p. to refund the amount of Rs.1,40,000/- and compensation of Rs.2 lakhs and litigation cost of Rs.50,000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that at the time of booking of the flat it was agreed that the value of the flat will be @ Rs.1750/- per sq.ft. It was also intimated that if the purchasers have any preference for any specific location of flat and as per company practice she will have to pay further Rs.100/- per sq.ft. towards preferential location of flat. The complainant did not inform the o.p. for such preferential location and she booked a general flat @ Rs.1750/- per sq.ft. Subsequently after a few months the complainant asked the o.p. about the formalities for obtaining of flat in preferential location. Accordingly the complainant was intimated that she has to choose a flat first in the preferential location and has to pay only Rs.100/- per sq.ft. more above the booking money. Accordingly the complainant preferred the flat at northeast side which comes under the purview of preferential location and agreed to pay Rs.100/- per sq.ft. more towards the preferential location charges above the booking money which comes in total Rs.1850/- per sq.ft. Accordingly o.p. company issued the final money receipt as Rs.1850/- per sq.ft. towards the cost of the flat. As such the story of misleading the complainant in respect of the cost of price is totally baseless and o.p. denied that the complainant had no knowledge regarding the settlement of the price of the flat at Rs.1850/- per sq.ft. In view of such fact o.p. stated that there was no question of any unfair trade practice or that unilaterally without the knowledge and consent of the complainant enhanced the price of the flat in question. Since the complainant enhanced her option for the preferential location, therefore o.p. asked for enhanced amount of Rs.100/- per sq.ft. above the amount of per sq.ft. the complainant wanted to purchase. Since there was no unfair trade practice or deficiency in service on the part of o.p. the case is to be dismissed.
On the basis of the pleadings of parties the following points are to be decided :
- Whether the complainant had booked one flat constructed by o.p.?
- Whether the price of the flat was fixed at Rs.1750/- per sq.ft. or Rs.1850/- per sq.ft. including the preferential location?
- Whether there was any unfair trade practice or deficiency in service on the part of o.ps?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant on the basis of an advertisement appeared in daily newspaper applied to o.p. for purchasing a flat situated at Building No.9, Flat No.B2, northeast facing measuring about 497 sq.ft. @ Rs.1750/- per sq.ft. The complainant at the time of submission of application form submitted two cheques of ICICI Bank, Behala Branch amounting to Rs.10,000/- and Rs.1,30,632/- totaling an amount of Rs.!,40,632/- i.e. 15% of the booking amount against 497 sq.ft. super built up flat @ Rs.1750/- per sq.ft. It was further stated that after such payment o.p. illegally enhanced the price rate from Rs.1750/- per sq.ft. to Rs.1850/- per sq.ft. which will revealed from the consideration price mentioned in the pakka money receipt i.e. Rs.8,94,391/-. The complainant has raised objection regarding enhancement of the price of per sq.ft. of the said flat. Since o.p. made unfair trade practice for which the complainant wanted to withdraw the application and she was informed that huge amount would be deducted in respect of the payment made by her. Since there was illegal act on the part of o.p. by enhancing the price of per sq.ft. flat for which the complainant filed this case praying for direction upon the o.p. to refund the amount of Rs.1,40,000/- and other reliefs.
Ld. lawyer for the o.p. argued that at the time of booking of the flat it was agreed that the value of the flat will be @ Rs.1750/- per sq.ft. It was also intimated that if the purchasers have any preference for any specific location of flat and as per company practice she has to give further Rs.100/- per sq.ft. towards preferential location of flat. The complainant did not inform the o.p. for such preferential location and she booked a general flat @ Rs.1750/- per sq.ft. Subsequently after a few months the complainant asked the o.p. about the formalities for obtaining of flat in preferential location. Accordingly the complainant was intimated that she has to choose a flat first in the preferential location and has to pay only Rs.100/- per sq.ft. more above the booking money. Accordingly the complainant preferred the flat at northeast side which comes under the purview of preferential location and agreed to pay Rs.100/- per sq.ft. more towards the preferential location charges above the booking money which comes in total Rs.1850/- per sq.ft. Accordingly o.p. company issued the final money receipt as Rs.1850/- per sq.ft. towards the cost of the flat. As such the story of misleading the complainant in respect of the cost of price is totally baseless and o.p. denied that the complainant had no knowledge regarding the settlement of the price of the flat at Rs.1850/- per sq.ft. In view of such fact o.p. stated that there was no question of any unfair trade practice or that unilaterally without the knowledge and consent of the complainant enhanced the price of the flat in question. Since the complainant enhanced her option for the preferential location, therefore o.p. asked for enhanced amount of Rs.100/- per sq.ft. above the amount of per sq.ft. the complainant wanted to purchase. Since there was no unfair trade practice or deficiency in service on the part of o.p. the case is to be dismissed.
Considering the submissions of the respective parties it is an admitted fact that the complainant entered into an agreement with o.p. for purchasing a flat. The complainant has stated that it was initially agreed that per sq.ft. price of the flat was fixed @ Rs.1750/-. Subsequently o.p. enhanced per sq.ft. price of the flat @ Rs.1850/-. The complainant was never informed regarding the enhancement of the price of per sq.ft. of the flat. The complainant in order to show that the complainant for the purpose of purchasing of the flat in question made payment of Rs.1,40,632/- filed the documents. The o.p. at the time of issuing the receipt illegally enhanced the price from Rs.1750/- per sq.ft. to Rs.1850/- per sq.ft. It is also an admitted fact that at the time of entering into the agreement o.p. fixed the rate of Rs.1750/- per sq.ft. but subsequently it was enhanced to Rs.1850/- per sq.ft. The o.p. stated that in order to get the preferential location and the said location was provided to the complainant in respect of the flat in question, therefore o.p. charged an extra amount of Rs.100/- per sq.ft. in respect of the flat which the complainant wanted to purchase from o.p. On perusal of the document including the terms and conditions of the agreement we do not find any clause or any condition that in case of any preferential the purchasers will have to pay @ Rs.100/- per sq.ft. that that of the price from the general category of the purchasers i.e. the price was escalated from Rs.1750/- per sq.ft. to Rs.1850-/- sq.ft. because of providing the flat at the preferential location of the complainant since there was no mentioning of the said fact in the agreement regarding the enhancement of the price of per sq.ft. of the flat, therefore we hold that after entering into the agreement o.p. enhanced the rate for which there was unfair trade practice adopted by o.p. and the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
that the case no. CC/456/2015 is allowed on contest with cost against the o.p. The o.p. is directed to refund the amount of Rs.1,40,632/- (Rupees one lakh forty thousand six hundred thirty two) only to the complainant along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @08% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
