Sri Ashoke Kumar Pal, Hon’ble President:
The crux of the instant complaint case in a nutshell is that the complainant with the intention to purchase a self-contained flat measuring about 800 Sq. ft. (Super built-up area) more fully described in the schedule of the petition of complaint as well as the Agreement for Sale dated 14.02.2022, the complainant initially paid Rs. 2 lakh by cheque on 10.08.2021 a booking amount to the O.P. No. 1 and after that the complainant paid Rs. 14,90,000/- towards earnest money out of total consideration amount of Rs. 16 lakh. It was agreed upon by and between the parties that the said flat will be handed over in habitable condition to the complainant within 31.05.2022. The complainant paid Rs. 14,90,000/- by installments on different dates out of the total consideration amount of Rs. 16 lakh. Subsequently, after inspection the complainant came to know that the scheduled flat has not been completed and except construction of the structure there is no sign of progress. Ultimately, due to failure of the O.Ps. to complete the project as well as the scheduled flat by 31.05.2022 the complainant was compelled to send the legal notice through his advocate to the O.P. Nos. 1 and 2 on 10.05.2023 by speed post requesting them to complete the construction and to deliver the peaceful possession along with registration of the deed of conveyance in respect of the same. But the O.P. Nos. 1 and 2 neither replied the said notice nor complied with the requirement of the same. As the O.Ps. failed and neglected to hand over delivery of possession of the scheduled flat in favour of the complainant within scheduled time as per the terms of the Agreement for Sale, the complainant has filed the instant complaint case on the reliefs sought for in the petition of complaint.
The O.P. Nos. 1 and 2 did not come forward to contest this case by filing W/V. As such, by Order No. 4 Dated 05.09.2023 the instant complaint case was declared to be proceeded ex-parte against the O.P. Nos. 1 and 2.
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. 01:-
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 800 Sq. ft.(Super built-up area) more fully described in the schedule of the petition of complaint as well as the Agreement for Sale dated 14.02.2022 and the O.Ps. agreed to sell the same to the complainant. The complainant paid Rs. 14,90,000/- by installments on different dates out of the total consideration amount of Rs. 16 lakh only. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the 1st point is decided in favour of the complainant and against the O.Ps.
Point No. 02:-
The complainant booked a self-contained flat measuring about 800 Sq.ft. (Super built-up area) more fully described in the schedule of the petition of complaint as well as of the Agreement for Sale dated 14.02.2022. The complainant made payment of Rs. 14,90,000/- only on different dates and the O.Ps. acknowledged the receipt of the same. The complainant visited the site but found that the construction work has not been completed except construction of the structure only. There was no sign of completion of the construction work by 31.05.2022 as per terms of the agreement for sale and to handover the said flat by the O.Ps. The O.Ps. neither handed over the possession of the scheduled flat to the complainant nor refunded back the amount of Rs.14,90,000/- which has been received by the O.Ps. from the complainant on different dates. The O.Ps. also did not register any Deed of Conveyance in favour of the complainant in respect of the scheduled flat. 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. 03:-
The complainant intended to purchase a self contained flat from the O.Ps. and made payment of Rs.14,90,000/-. It was agreed upon by and between the parties that the scheduled flat will be handed over within 31.05.2022. Ultimately the O.Ps. failed to deliver possession of the scheduled flat within the stipulated time and violated the terms and conditions of the agreement for sale. 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. 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 possession of the scheduled flat nor executed and registered a proper Deed of Conveyance in respect of the scheduled flat in favour of the complainant receiving the balance consideration amount. 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 relief 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 ex-parte against the O.P. Nos. 1 and 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 scheduled flat more fully described in the schedule of the Agreement for Sale as well as the schedule of the petition of complaint and to register a proper Deed of Conveyance in respect of the same within 45 days from the date of passing this order after receiving the balance consideration amount from the complainant at the time of registration of the Deed of Conveyance.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs.14,90,000/- along with Simple Interest in the form of compensation @12% p.a. w.e.f. 10.08.2021 (date of payment of booking amount) till the date of final realization within 45 days from the date of passing this order.
The O.Ps. are jointly and severally liable and are directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five thousand) to the complainant within 45 days from the date of passing this order.
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
