Hon’ble Sri Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

2. Today is fixed for final hearing of the complaint case.

3. The complaint case is taken up for hearing.

4. This is a case under Section 12 read with Section 18 of the Consumer Protection Act, 1986 valued at Rs. 35,45,000/-.

5. It appears from the complaint that OP Nos. 1 to 5 are the developers and OP No. 6 is the owner. The parties entered into an agreement for sale in respect of the Schedule ‘B’ flat for consideration of Rs.24,95,000/-. Out of the said amount Rs.22,00,000/- have already been paid.

6. It appears that the particulars of the money receipts have been mentioned in the agreement for sale at Annexure ‘A’ dated 15.02.2015. The details of the payments have been mentioned in the agreement for sale. No specific time schedule has been framed therein. It would reveal from the agreement for sale at page 8 that initially the Complainant shall pay Rs. 10,00,000/- as earnest money and remaining amount shall be paid at the time of execution of the deed of conveyance. According to the Complainant time was not the essence of the contract. Annexure ‘F’ is the deed of conveyance which was handed over by the developer to the Complainant for approval. It appears from the Annexure ‘F’ that the draft was approved by the Complainant on 22.12.2015. It appears from the draft deed of conveyance that the developers received almost entire amount except Rs. 2,95,000/-.

7. The query was made for registration by the Complainant which will reveal from Annexure ‘G’. Subsequently, one of the developers Mr. Mohammed Mustaqueem has expired. However, his legal heirs were impleaded in the complaint.

8. According to the OPs, this was the reason for delay in execution for the registration of deed of conveyance. Subsequently, Complainant served notices upon the OPs on 12.09.2019 and 13.12.2019 which are in Annexures ‘D’ and ‘E’ collectively including postal receipts and acknowledgment cards. Subsequently, the Complainant filed this instant case.

9. Accordingly, it is an admitted position that the draft deed was conveyed by them to the Complainant and the power of attorney was revoked so they were not in a position to execute the deed of conveyance.

10. It appears that the draft deed was approved on 22.12.2015 but the power of attorney was revoked on 04.03.2016. According to the Complainant cause of action was lastly arose on 13.12.2019.

11. The OP Nos. 6 and 7 are the owners. They filed written version and supported the case of the Complainant in Para nos. 4 and 5 of the same. The OPs although filed the written version but they did not file any evidence on affidavit and they did not cross-examine the evidence adduced by the Complainant.

12. The Ld. Counsel for the OPs admits that no written version has been filed on their behalf and they are willing to execute and register the deed of conveyance but there was some problems regarding the revocation of the power of attorney. The Ld. Counsel for the Complainant also submitted that Complainant is already in possession of the Schedule ‘B’ flat.

13. We perused the agreement for sale and also the draft deed of conveyance. It appears that the payment of aforesaid amount is admitted by the OP.

14. In view of the discussion we find that the Complainant is a consumer and there is deficiency in service on the part of the OPs and appropriate direction should be given to them.

15. Undoubtedly, this case has been filed within the period of limitation.

16. So, we are of the view an appropriate order should be passed in favour of the Complainant.

17. Hence, it is,

O R D E R E D

The complaint case No. CC/183/2020 is allowed on contest against the OPs.

The OPs are jointly and severally directed to execute a Registered  Deed of conveyance in respect of `B` scheduled flat/property within 45 days from this day upon payment of cost by the Complainant of Rs.2,95,000/-.

The OPs/Developers (1 to 5) are also jointly and severally directed to pay compensation of Rs.1,15,000/- along with litigation cost of Rs.6000/- within the stipulated period, failing which the Complainant will be at liberty to put the award into execution.

The copies of the judgment be made available to the parties free of cost.

18. The complaint case being No. 183/2020 stands disposed of on contest.

19. Note accordingly.