Sri Ashoke Kumar Pal, President
Stripped off unnecessary details, the case of the complainant in a nutshell is that with the intention to purchase a car parking space more fully described in the petition of complaint as well as schedule of the Deed of Conveyance dated 03.11.2017, the complainant paid the entire consideration amount of Rs.2,00,000/- to the OPs and the OPs acknowledged the receipt of the same. A Deed of Conveyance was also executed and registered in favour of the complainant on 03.04.2017. Thereafter the complainant started to keep his vehicle in the car parking space allotted to him after delivery of possession thereof by the OPs to the Complainant. Thereafter the petitioner went to Rajpur Sonarpur Municipality to mutate his name in respect of the said car parking space. But the Municipal Authority informed the petitioner that the said car parking space which the OPs conveyed to the complainant through a registered Deed of Conveyance after taking the entire consideration amount of Rs.2,00,000/-, is marked as common passage in the sanctioned building plan (Annexure-B). Thereafter the petitioner rished to the OP No.2 requesting him to provide an alternative car parking space in the same building instead of the common passage which he sold to the complainant by mis-representation and practicing fraud upon him. But the OP-2 refused to do the same. As such, finding no other alternative, the complainant requested the OPs to refund the entire consideration amount along with the amount which has been spent for registration of the same. But the OPs paid no heed thereof and did not refund the same. Having no other alternative, the complainant through his Ld. Advocate on 11.01.2021 sent a legal notice to the OPs requesting them to arrange an alternative car parking space measuring about 135 sq. ft. in the ground floor of the same building or alternatively to refund the entire consideration amount along with registration expenses with interest (Annexure-C). On 20.01.2021 all the OPs through their Ld. Advocate sent reply to the complainant asking for cooperation and wait for 40 days to resolve the dispute. But ultimately as no car parking space has been provided to the complainant nor the OPs refunded the consideration amount along with registration expenses and interest, the complainant filed the instant complaint case on the reliefs sought for in the petition of complaint. The OPs 1 & 2 contested the case by filing written version. The OP Nos. 3 & 4 did not file any W/V and as such the said instant case proceed ex-parte as against the OP Nos. 3 & 4.
The OP Nos. 1 & 2 contended in their W/V that the car parking space which was sold to the complainant by virtue of Deed of Conveyance dated 03.11.2017 is not at all a common passage and the allegations made by the complainant are all false and baseless. The OPs delivered the possession of the said car parking space to the complainant and after getting possession thereof, the complainant started to keep his vehicle in the said car parking space. The OP Nos. 1 & 2 also contended that the complainant was asked to co-operate with them for 40 days regarding mutation of the name of the complainant in the Municipality. But the complainant did not co-operate with them. It was also contended by the OP Nos. 1 & 2 that before purchasing the said par parking space the complainant checked and verified the sanctioned building plan and after which the same was purchased by the complainant and the same was not common space to the complainant by virtue of Deed of Conveyance dated 03.11.2017. The OP Nos. 1 & 2 also denied the other material averments of the petition of complaint parawise and prayed for rejection of the same with cost.
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 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 the said car parking space measuring about 135 Sq.ft. more fully described in the schedule of the petition of complaint as well as schedule of the Deed of Conveyance dated 03.11.2017 and the OPs agreed to sell the same to the complainant for which the Deed of Conveyance dated 03.11.2017 has been made by and between the parties. The complainant paid the entire consideration amount of Rs.2,00,000/- only. 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 car parking space measuring about 135 Sq.fit. more fully described in the petition of complaint as well as schedule of the Deed of Conveyance dated 03.11.2017. A proper Deed of Conveyance dated 03.11.2017 has been executed and registered by and between the parties to that effect. The complainant made payment of the entire consideration about of Rs.2,00,000/- and the OPs acknowledged the receipt of the same. The OPs delivered peaceful possession of the said car parking space to the complainant and the complainant started to keep his car in the said car parking space. Thereafter when the complainant went to Rajpur Sonarpur Municipality to mutate his name in respect of the said car parking space he came to know from the Municipal Authority that the car parking space which the OPs sold to him by virtue of a deed of conveyance dated 03.11.2017 taking the entire consideration amount of Rs.2,00,000/-, is not a car parking space but a common passage as shown in the sanctioned building plan. Thereafter the complainant requested the OPs verbally as well as by notice through his Ld. Advocate dated 11.01.2023 (Annexure-C) requesting the OP to arrange for an alternative car parking space in the ground floor of the same building and also requested them alternatively to refund the entire consideration amount along with registration cost and interest which the OPs received from the complainant. The OPs through their Ld. Advocate replied the same on 20.01.2021 (Annexure-D), asking the complainant to co-operate with the OPs and to wait for 40 days to resolve the dispute. But ultimately no fruitful result was achieved and neither any alternative arrangement has been made by them nor refunded the consideration amount of Rs.2,00,000/- along with a registration expenses with interest to the complainant. Therefore, it is clear from the averment 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 OP.
Point No.03 :-
The complainant purchased the scheduled car parking space from the OPs and made payment of the entire consideration amount of Rs.2,00,000/- for the same. A Deed of Conveyance dated 03.11.2017 has been made by and between the parties after getting delivery of possession of car parking space. The complainant started to keep his car in the said car parking space. Subsequently, when he went to the Rajpur Sonarpur Municipality to mutate his name in respect of the said car parking space he learnt from the Municipal Authority that the car parking space which the complainant purchased from the OPs by virtue of registration deed dated 03.11.2017 paying the entire consideration amount of Rs.2,00,000/-, was not a car parking space but a common passage as shown in the sanctioned building plan. After knowing the same, the complainant requested the OPs verbally as well as through Advocate’s letter dated 11.01.2021 (Annexure-C) requesting the OPs to provide alternative car parking space in the ground floor of the same building or to refund the entire consideration amount along with registration expenses and interest. But the OPs ultimately failed to comply with the requirement of the Advocate’s letter nor any car parking space has been provided to the complainant nor the consideration amount of Rs.2,00,000/- with the registration expenses has been refunded to the complainant by the OPs for which the complainant was compelled to file the present case on the relief as sought for. As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the OPs did not provide any alternative car parking space nor refunded the consideration amount with registration expenses and interest. 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 on contest against the OP Nos. 1 & 2 and ex-parte against the OP Nos. 3 & 4 with cost of Rs.25,000/- (Rupees twenty five thousand) only.
The OPs are liable and are directed to provide alternative car parking space measuring about 135 Sq.ft in the ground floor of the same building as described in the schedule of petition of complaint within 45 days from the date of passing this order.
Alternatively, the OPs are liable and are directed to refund the entire amount of Rs.2,00,000/- (Rupees two lakhs) only along with registration expenses and @12% simple interest p.a. w.e.f. 03.11.2017 (Date of execution and registration of the Deed of Conveyance) till the date of final realization within 45 days from the date of passing this order.
That the OPs are liable and are also directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty 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 liable and are also directed to pay litigation cost of Rs.25,000/- (Rupees twenty five thousand) to the complainant 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 OP 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
