The complainant’s case in a nutshell runs as follows, that the opposite parties being Vendor/Developer entered into an agreement on 6.6.2011 with the complainant for purchasing a flat for a consideration of Rs.18,79,200/- @ 1200/- per sq.ft. on the 2st floor, Flat no.A of the proposed building measuring an area of 1566 sq.ft including 20% super built up area . Out of Rs.18,79,200/- the complainant paid Rs.5,63,760/- to the oP as earnest /booking money on 6.6.2011. It was also settled between the parties that after 18 months from the date of execution of the said Agreement, the oP would register the flat in question. Thereafter, the complainant on 4.1.2012 paid Rs.5,63,760/- to the oP/Vendor for completion of the flat and delivered possession to the complainant. The further case of the complainant that on 30.11.2012 the complainant also paid Rs.4,00,000/- to the OP/Vendor . So out of the consideration money of Rs.18,79,200/- the complainant paid Rs.15,27,520/- to the OP in total. But inspite of requests the oP is not willing and ready to register the aforesaid flat in the name of the complainant although the complainant told the OP that she was ready to pay the balance amount of Rs.3,51,680/- to the oP. But till date the Op
did not execute and register the sale deed in favour of the petitioner . Hence, this complaint .
Op no.1 and 2 contested the case by filing Written version denying inter alia all material allegations. It is stated that on 11.10.2012 , the Opposite party informed the petitioner about the completion of said flat and also submitted a bill of Rs.1,12,080/- towards the cost of extra work which is acknowledged by the petitioner on the same date. Though the area of flat including super built up aea has written in the agreement 1566 sq.ft but after completion of said flat, the measurement is extended to 1578 sq.ft. including super built up area an total consideration money is Rs.18,93,600/- in respect of total measurement as extended. The Opposite party is not intending to sell the schedule mentioned flat of agreement dated 6.6.2011 as the OP has suffered severe financial loss due to conduct of the petitioner. So, the oP prays for dismissal of the complaint.
Complainant has filed Copy of Agreement for sale dated 6.6.2011 , (2) Advocate’s letter dated 18.2.2013,(3) Postal receipt and Advocate’s letter dated 15.3.2013, (4) Copy of Advocate’s letter dated 1.10.2013 and Postal receipt and Advocate’s letter dated 8.11.2013. Complainant also filed Evidence in chief and
Written Notes of Argument. OP on the other filed (1) copy of document relating to extra work(2) Advocate’s letter dated 18.2.2013 (3) Copy of Advocate’s letter dated 1.10.2013, (4) Copy of cheque dated 1.10.2013, (5) copy of Advocate’s letter dated 8.11.13 etc. The Op also filed Evidence in chief and Written Notes of argument.
POINTS FOR DECISION
- Whether the complainant is a consumer?
- If there is any deficiency on the part of the oP ?
- If complainant is entitled to get any relief?
DECISION WITH REASONS :
Point no.1
It is admitted fact that the complainant paid consideration money to the Opposite party for purchasing a flat and for that purpose she entered into an agreement with the OP . Therefore, the complainant is a consumer under the provision of C.P.Act 1986.
Point no.2 and 3
Both the points are taken up together for easiness of discussion.
It is admitted position that there was agreement between the complainant and the oP and it is also admitted that complainant paid Rs.15,27,520/-. The price of the flat was fixed Rs.18,79,200/-. So, as per this agreement the Op is now entitled to get Rs.18,79,200 (-) Rs.15,27,520/- = Rs.3,51,680/- till this point both side agrees. But , Op claims Rs.1,12,080/- extra apart from the above sum. Op states that after completion the size of the flat has extended from 1566 sq.ft to 1578 sq.ft i.e. 12 sq.ft. , the price is Rs.14,400/- @ 1200/- per sq.ft. Apart from Rs.14,400/-,Op demanded Rs.1,12,080/- for extra work. In this respect, the OP demanded of Rs.1,12,080/- and Rs.14,400/- by sending a letter to the complainant on 18.02.2013. In this respect, complainant wrote him a letter dated 15.3.2013 through ld.Advocate denying those allegations and also requested to take necessary steps for joint inspection to determine actual measurement and extra work alleged to be done by the oPs. But through out the record Op is silent regarding the inspection and showing the extra work done by him and conveyed to the complainant by letter dated 18.2.2013.
Perused the agreement , there is insertion of word “extra work”. But there was no explanation what did the extra work means. The oP failed to show any acceptable evidence or acceptable papers before this Forum that extra work included those work which have been conveyed by the Op with the letter dated 11.10.2012 along with enclosure which was received by the complainant . Against which the complainant proposed for joint inspection. The oP did not take any effort to let this Forum know regarding the quantum of nature of extra work as contemplated in the agreement. In absence of any cogent and reliable evidence before us we are unable to swallow the argument of extra work demand Rs.14,400/- and Rs.1,12,080/-. As the complainant has proposed to purchase the flat from OP both sides have bound themselves by agreement . The Op had duty towards the customer to protect the interest of the customer , when extra work alleged to have been done , Op has duty to show those extra work to the complainant. But the op did not take the recourse to discharge their duty on his own accord. He issued a letter showing cancellation of agreement. Such, kind of attitude of Op regarding cancellation of agreement is not praiseworthy and is full of illegal motive to deprive the complainant, who agreed to pay the balance amount as per agreement of Rs.3,51,680/-. After going through the record
anxiously that complainant had ever a chance to see the quantum and quality of extra work.
On the above premises, after a threadbare discussion on material on record we are of in strong conviction that with ulterior , illegal motive the oP is denying to act as per agreement i.e. to deliver possession and make registration after taking the stipulated consideration money i.e. Rs.3,51,680/-. Hence it is –
Ordered
That the CC no. 230 of 2014 be and the same is allowed on contest. The complainant is entitled to get relief as per Section 14 of the C.P.Act 1986. The Op is directed to execute and register the Sale deed in favour of the complainant according to the agreement dated 6.6.20122 after receiving the balance consideration amount of Rs.3,51,680/- from the complainant. The Op is further directed to pay Rs.20,000/- towards compensation for unnecessary harassment, mental agony and pain to the complainant. The Op is also directed to pay Rs.10,000/- towards litigation cost to the complainant.
The Op shall comply the above order within 45 days from the date of this order i.d. Rs.200/- will be imposed per day to the OP and that amount will be deposited to the Legal Aid Fund of this Forum after the stipulated period of 45 days.
Let a copy of this order be made over to the parties free of cost.
