District Consumer Redressal Forum, Sambalpur.
C.D.No. 21 of 2016
Sanjukta Hota, D/o Jagannath Hota,
Age about 52 years, R/O Mohanty pada
Po-Jhaduapada,PS/Town/Dist-Sambalpur. ......... Complainant
Vrs.
M/s Green Realcon Pvt. Ltd, represented
Through Sri Prakash Agrawala, S/O Late
R.K. Agrawala R/O-Manglam Enclave, Shop No.6
Basanti Colony, Rourkela, Po/PS: Rourkela,
Dist-Sundargarh AT present R/O Sahej Plaza,
Gaiety Road, PS/Town/Dist-Sambalpur. ................Opp.Party.
For Complainant : Sri S.S.Panda, Pritish Debata & Ambuj Ku. Das
For O.P. No.1 : None
PRESENT:-
SHRI A.P. MUND, PRESIDENT
SMT. S. TRIPATHY, MEMBER
Date of Order: 27/04/2019
SHRI A.P. MUND, PRESIDENT
The case of the complainant is as follows:-
1) OP is the authorised representative for M/S Green Realcon Pvt. Ltd. Having its office at Gaiety Road, Sambalpur and owner of the multi stored under construction building namely Sahej Plaza at Gaiety Road, Sambalpur.
2) The complainant wanted to purchase a flat in the said multi stored building for her residence.
3) The OP asked the complainant to deposit/pay a sum of Rs. 5, 00,000/- to book her apartment.
4) Complainant paid a sum of Rs. 5, 00,000/- only to the OP on dated 26.03.2013 in his office and the OP allotted flat No. 21 in 2nd floor having a super built up area of 1395 Sq. Ft. In her favour for a total consideration of Rs.28, 59,750/-. The balance amount was required to be paid in two more instalments.
5) On dated 06.07.2013 the OP asked the complainant to pay a sum of Rs. 5, 00,000/-. Again on Dt. 23.07.2013 the OP asked the complainant to pay a further sum of Rs. 5, 00,000/- and again the complainant paid the same. But the progress in the construction work was very negligible, though it was promised by the OP to finish the construction work within a year and deliver possession of the apartments to the purchaser. The construction was not completed until 2015.
6) In the last week of June 2015 the complainant along with other prospective purchaser visited the site and found that the construction was not progressing satisfactorily. It was also not being made as per the specifications given by the OP Company in its leaflet.
7) The complainant again paid a sum of Rs. 5,00,000/- to the OP on 29/07/2015 thus till date the OP has already received a sum of Rs. 20,00,000/- from the complainant towards the cost of apartment allotted to her. But even after receiving the money from the purchaser the OP did not accelerate the construction work and till date the building is incomplete.
8) With the approval of the OP complainant has constructed ward robe, decorated ceiling, fixed floor tiles made in modular kitchen, kitchen counter and completed the bathrooms with wall tiles, floor tiles and sanitary fittings by spending a total sum of Rs. 6,00,000/- approximately.
9) The complainant issued a notice to the Op on dated 19/12/2015 through her advocate by registered post with AD, calling upon the OP to enter into an written agreement with her and to declare exactly when she will be delivered possession of the fully constructed buildings as per specifications and to do the same before the end of December 2015. Even the notice was duly served on the OP, but he did not bother to reply the same.
10) The Op has failed to provide proper service to the complainant and due to the deficiency of service made by the OP the complainant has sustained a financial loss to the tune of Rs. 2,00,000/-. As the OP has not delivered physical possession of the flat to the complainant the complainant is compelled to continue to live in her rented house on a monthly rent of Rs.7000/-.
The genesis of the case is as follows:-
1) The complainant paid around Rs. 20, 00,000/- to the O.P.
2) The oral agreement was for handing over the flats by end of 2015.
3) The OP was not coming forward to put into writing an agreement for sale.
4) An advocate notice was served which was not replied to. Case was filed in 02.03.2016.
5) After filing of this complaint case; an agreement for sale was notarized on 2nd December 2016.
6) The notice in the case was duly served, but the OP did not participate he was set ex-parte on 25.11.2016. OP also did not participate during the argument conducted by complainant.
The above are the major events concerning the case. Finally argument was heard in the case on 10.08.18.
The complainant vividly described her plight in the hands of the builder. She is an Advocate-cum-Notary. Still she was harassed and the builder is neither finishing nor handing over possession of the flat. She had paid nearly 70% of the money due. Still she is not enjoying the fruit.
Went thoroughly with the argument, read the documents filed and written argument submitted.
As the OP did not participate in the process we are proceeding as per law in these circumstances. On the basis of the petition and argument we frame the following issues.
i) Whether the O.P. is adhering to any schedule to hand over possession of the flat.
ii) Whether the O.P. is deficient in completing the flats and registering it.
iii) To what relief the complainant is entitled to.
We are taking up the first issue:
Issue No. I) the agreement of sale dated 02.12.2016 Para 5 states “flat shall be delivered on the date of Registration of the Sale Deed”
It is rightly pointed out by the complainant that their fate is hanging in balance; as no clear cut date is mentioned in the Agreement of sale for completion of the flat or of handing over of possession on mentioning any specific date of Registration.
This is vital flaw committed in the agreement; which is legally incorrect. The complainant is left to fend for herself. Hence issue No. (I) is answered in favour of the complainant.
Issue No. ii) from the description of the Written Argument and Annexure-7 it is clear that the OP has received full and final payment of the flat no.21 on 17.10.2016 still he is not doing or showing any inclination to finish construction as per schedule or showing any intention to handover completed flats. Nor he is showing any urgency to complete registration.
Hence according to us the OP is deficient in completing flats and does not have any inclination to register it. The date of registration is vaguely worded. It can be interpreted in any manner one likes. Already 3 years has gone by since initial payment. This is a long time.
Hence Issue No. (ii) Is also answered in negative against OP.
Now the (iii) issue is regarding quantum.
The quantum of compensation is proportionate to the deficiency and in this case time can be taken to start from date of initial payment to the date of completing the flat and getting it registered in favour of the complainant.
From the evidence adduced, we find no paper where the OP is adhering to any date rather he is in the habit of skipping any schedule and finally it seems he has abandoned the project. He is not answering to the protest nor the Advocates notice. He is keeping silent after extracting the agreed amount from the complainant.
Hence it is ordered that that the OP should finish the process of Registration of Flat No 21 on the 2nd floor of Sahej Plaza, Geity Talkies Road, Sambalpur within a period of 3 months from the date of passing of the order.
The OP has created all the mess of not adhering to any schedule though he has received all the agreed amount. This is a pure deficiency.
Hence the OP is ordered to pay Rs. 2, 00,000/- as compensation along with interest at the rate of 12% from the date of last payment i.e 02.12.2016 till payment of this ordered amount. The O.P. is further directed to complete construction of the flats, hand over possession to the complainant and Register the Flat No 21 (which was allotted in her favour) within a month of passing of this order.
All the above amount is to be paid within 30 days of passing of this order. Otherwise the amount will carry an interest of 18% from the date of default till payment.
Sd/-
SHRI A.P.MUND
Sd/- PRESIDENT.
SMT S.TRIPATHY. Member I agree.
Sd/-
Dictated and corrected by me.
PRESIDENT
