Shri Ashoke Kumar Pal, Hon’ble President:-
Stripped of unnecessary details the case of the complainant in short is that the complainant with intent to purchase a flat along with one car parking space more fully described in the agreement for sale dated 05.08.2016 executed the same by and between the parties. The consideration amount was settled at Rs. 35,00,000/- and the complainant paid Rs. 15,00,000/- out of the total consideration amount on different dates by installments and the O.Ps. acknowledged the receipts of the same by issuing money receipts. The O.Ps. promised to deliver the said flat along with one car parking space to the complainant within a period of six months from the date of execution of the agreement for sale dated 05.08.2016. The complainant was all along ready and willing to pay the balance consideration amount of Rs. 20,00,000/- for getting the possession of the scheduled flat along with one car parking space upon execution and registration of the deed of conveyance in favour of the complainant for which the complainant requested the O.Ps. several times. But all along the O.Ps. avoided either to receive the balance consideration amount or to deliver possession of the scheduled flat along with one car parking space to the complainant along with execution and registration of the deed of conveyance. The O.Ps. assured the complainant to make refund of the amount of the earnest money of Rs. 15,00,000/- along with interest @18% p.a. from the date of receipt of the said amount. But ultimately the O.Ps. failed and neglected to pay the said amount and violated the terms and conditions of the agreement for sale dated 05.08.2016. Since 12.03.2023 the complainant repeatedly requested the O.Ps. for refund of the earnest money of Rs. 15,00,000/- with interest @18% p.a. and on failure to pay back the same by the O.Ps. the complainant sent a legal notice on 23.06.2023 which the O.Ps. received and replied by letter dated 10.07.2023 from which it was clear that the O.Ps. had no intension to return the said amount of Rs. 15,00,000/- along with interest which they received from the complainant which prompted the complainant to file the instant complaint case on the relief as sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case by filing W/V and as such, by Order No. 5 dated 03.04.2024 the instant complaint case was heard ex-parte against the O.Ps.
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 relief as prayed for?
Decisions with reasons :-
Point No.1 :-
On perusal of the case record along with copies of documents, it appears that the complainant was willing to purchase a flat along with one car parking space as described in the agreement for sale dated 05.08.2016. The complainant paid Rs. 15,00,000/- out of the total consideration amount of Rs. 35,00,000/- on different dates and the O.Ps. acknowledged the receipt of the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the O.Ps.
Point Nos. 2 & 3 :-
Both the Point Nos. 2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant booked the scheduled flat along with one car parking space more fully described in the schedule of the agreement for sale dated 05.08.2016 and made payment of Rs. 15,00,000/- out of the total consideration amount of Rs. 35,00,000/-. It was agreed upon that the delivery of possession of the said flat along with one car parking space will be made within six months from the date of execution of the said agreement for sale dated 05.08.2016. But the O.Ps. failed and neglected to comply with the terms and conditions of the agreement for sale and could not deliver possession of the scheduled flat along with one car parking space to the complainant within the stipulated time despite repeated requests by the complainant. The O.Ps. also turned down the request of the complainant as well as legal notice dated 23.06.2023 to refund the earnest money of Rs. 15,00,000/- along with interest.
The fact remains that the O.Ps. failed to give delivery of possession of the scheduled flat along with one car parking space to the complainant incompliance with the terms and conditions of the agreement for sale dated 05.08.2016. It appears that 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, 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, the complainant is entitled to get the reliefs as prayed for.
Thus the Point Nos. 2 & 3 are 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, 2 and 3 with cost of Rs. 20,000/- (Rupees Twenty Thousand) only.
The O.Ps. are jointly and severally liable and are directed to refund Rs. 15,00,000/- (Rupees fifteen lakhs) only along with simple interest @9% per annum w.e.f. the respective dates of payments of installments made by the complainant till the date of final realization thereof within 30 days from the date of passing this order.
The O.Ps. are jointly and severally liable and are directed to pay compensation of Rs. 2,00,000/- (Rupees Two Lakhs) only for mental pain, agony and harassment caused to the complainant, within 30 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. 20,000/- (Rupees Twenty Thousand) only within 30 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:
President
