Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocates for complainant, OP nos. 1, 3, 5 & 6 are present.
The matter is running ex parte against the OP nos. 2 & 4.
It is the case of the complainant as per their agreement for sale dated 28.12.2011 the complainant intended to purchase one flat with super built up area od 929 sq. ft. and one car parking space of 150 sq. ft. more or less being parking no. 5 on the ground floor of Block A. It appears from the deed of conveyance dated 14.08.2012 that the complainant has paid the consideration money of Rs. 22,76,050/- for flat and Rs. 3,00,000/- for car parking space totalling Rs. 25,76,050/-. It is not disputed that the aforesaid amount was not paid.
But it is an admitted position that no completion certificate has been provided. Ld. Advocate for the complainant submitted that the aforesaid parking area as mentioned in deed of conveyance has not been demarcated and letter of possession has not been given.
The case of the OPs is that they were ready and willing to deliver the possession letter but it was refused by the complainant and according to her the complainant enjoyed the same car parking space.
Undoubtedly, it is apparent from the deed of conveyance that one car parking space of 150 sq. ft. being car parking no. 5 in the ground floor and was sold to the complainant. But the complainant did not get any possession letter.
Under the circumstances, we are of the view that the appropriate direction may be given to the OP in this regard.
Accordingly, CC/143/2018 is allowed ex parte against the OP nos. 1, 2 & 4 and on admission against the OP nos. 3 & 6.
All the OPs are directed to deliver the possession of the car parking space mentioned in the deed of conveyance dt. 14.08.2012 within 1 month from this judgment. All the OPs are also directed to handover the completion certificate to the complainant within the said period.
There shall be no order regarding litigation cost or compensation.
