Sri Ashoke Kumar Pal, Hon’ble President :
The matrix of the instant complaint case in short is that with the intention to purchase a self-contained flat measuring about 712 Sq. ft. along with one covered car parking space more fully described in the schedule of the petition of complaint, the complainant submitted an application form being No. 32247 and the complainant was provided with an allotment letter dated 01.03.2014, at a total consideration amount of Rs. 21,66,200/- only. The complainant paid Rs. 22,75,654/- only being the entire consideration amount including other expenses by installments on different dates. It was agreed by and between the parties that the scheduled flat will be handed over within October, 2018. But ultimately the O.Ps. neither completed the construction work of the scheduled flat nor handed over the delivery of possession of the same along with one covered car parking space and to execute and register a proper deed of conveyance in respect of the same in favour of the complainant as per terms and conditions of the agreement for sale. The complainant is all along ready and willing to complete the process of registration of the deed of conveyance and to get the delivery of possession of the scheduled flat along with one covered car parking space. But the O.Ps. failed to deliver the vacant possession of the scheduled flat along with covered car parking space and to execute and register the proper deed of conveyance in favour of the complainant despite repeated requests by the complainant. The O.Ps. failed and neglected to comply with the requirement of the agreement for sale and hence, the instant complaint case has been filed on the reliefs sought for in the petition of complaint.
O.P. No. 1 contested the case by filing W.V. But the O.P. No. 2 did not come forward to contest the case by filing W.V. and as such by Order No. 13 Dated 13.05.2022 the instant complaint case was declared to be proceeded ex-parte against the O.P. No. 2.
In the W.V. filed by the O.P. No. 1, we find that the O.P. No. 1 denied the allegations as made in the petition of complaint para wise which are very formal in nature. No remarkable point has been stated in the W.V. to contest the case of the complainant. Ultimately, it is prayed by the O.P. No. 1 that the instant complaint case be dismissed for suppression of material facts before the Commission.
Points for consideration :-
- Is the complainant, a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- 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 available on record, it appears that the complainant was willing to purchase a self-contained flat measuring about 712 Sq. ft. (Super Built Up Area) along with one covered car parking space more fully described in the schedule of the petition of complaint and the O.Ps. agreed to sell the same to the complainant for which allotment letter dated 01.03.2014 has been handed over to the complainant. The complainant paid the entire consideration amount along with other expenses totaling to an amount of Rs.22,75,654/- by installments on different dates. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the Point No. 1 is decided in favour of the complainant and against the O.Ps.
Point No. 2:-
The complainant booked a self-contained flat measuring about 712 Sq.ft. (Super Built-up Area) along with one covered car parking space more fully described in the schedule of the petition of complaint. The complainant made payment of Rs.22,75,654/- being the total consideration amount and other incidental expenses only on different dates and the O.Ps. acknowledged the receipt of the same. It was agreed by and between the parties that the O.Ps. shall hand over the delivery of possession of the scheduled flat with one covered car parking space to the complainant within October, 2018. But ultimately, the O.Ps. violated the terms and conditions of the agreement and failed to delivery of possession of the scheduled flat along with one covered car parking space to the complainant within scheduled time. Thereafter, despite repeated requests by the complainant, the O.Ps. failed to deliver the possession of the scheduled flat with one covered car parking space to the complainant and to execute and register a proper deed of conveyance in favour of the complainant. Therefore, it is clear from the averments of the complainant that the O.Ps. 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 O.Ps.
Point No. 3:-
The complainant purchased a self contained flat from the O.Ps. and made payment of Rs.22,75,654/- i.e. the entire consideration amount and other incidental charges of the same. It was agreed that the possession of the scheduled flat will be delivered by the O.Ps. to the complainant within October, 2018. But ultimately, the O.Ps. violated the terms and conditions of the agreement and to deliver the peaceful possession of the scheduled flat along with covered car parking space to the complainant within the scheduled time. The O.Ps. also failed to execute and register a proper deed of conveyance in favour of the complainant in respect of the scheduled flat along with covered car parking space. Ultimately, finding no other alternative, the complainant requested the O.Ps. several times to hand over the possession of the scheduled flat along with car parking space and to execute and register a proper deed of conveyance in favour of the complainant. But the O.Ps. ultimately failed and neglected to comply with the same for which the complainant was compelled to file the present case on the reliefs 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 O.Ps. neither delivered the possession of the scheduled flat nor executed and registered a proper deed of conveyance in respect of the scheduled flat along with covered car parking space in favour of the complainant. The complainant failed to get service from the O.Ps. On the other hand, the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus the Point No. 3 is also decided in favour of the complainant and against the O.Ps.
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 on contest against the O.P. No. 1 and ex-parte against the O.P. No. 2
with cost of Rs.25,000/- (Rupees twenty five thousand) only.
The O.Ps. are jointly and severally liable and are directed to deliver the possession of the scheduled flat measuring about 712 Sq. ft. along with covered car parking space more fully described in the schedule of the petition of complaint and to execute and register a proper deed of conveyance in respect of the same within 45 days from the date of passing this order. The O.Ps. are also jointly and severally liable and are directed to pay compensation @12.50 per Sq.ft. per month w.e.f. the scheduled date of possession i.e. October, 2018 till the actual date of possession as per Clause 11 (d) of the general terms and conditions of the R.D.P.L.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs.22,75,654/- (Rupees twenty two lakhs seventy five thousand six hundred and fifty four) only along with Simple Interest in the form of compensation @10% p.a. w.e.f. 07.04.2014 (date of payment of application money) till the date of final realization within 45 days from the date of passing this order, i.d., interest @12% p.a. shall be applicable for such period beyond 45 days till full realization of the entire amount.
That the O.Ps. are also jointly and severally liable and are also directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five 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 O.Ps. 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.
President
