Hon’ble Ajeya Matilal, Presiding Member
The Ld. Advocate for the complainant is present. Today is fixed for ex parte hearing of this case.
This is a case u/s 17 of the Consumer Protection Act 1986 valued at Rs. 28,90,000/-.
The fact of the case is in short like that the complainant entered into an agreement with the OPs for purchasing the schedule flat for consideration of Rs. 18,90,000/-. The OP no. 2 and 3 are the developers and the original OP no. 4 is the landowner. The OP no. 4, Dulal Basak expired on 19.02.2017. They were substituted by OP no. 2, 3, 4, 5 & 6 being his legal heirs in terms of an order passed by this Commission. The original landowner being the erstwhile OP no. 4 entered into a development agreement on 2nd December, 2015 with the OP no. 2 & 3 being represented by the OP no. 1 for construction of a multi storied building over the premises of the landlord situated at 41J Motilal Sen Lane, P.S.- Narkeldanga, Kol- 700011. The complainants approached the developer for purchasing a self contained flat mentioned in the schedule of the complaint. The total consideration money for the said flat was 18,90,000/-. As per agreement for sale the owner/developer undertook to handover the khas possession of the said flat and execute and register a sale deed in respect of the flat in favour of the purchaser on receipt of total consideration money within 8 months approx from the date of signing of the agreement. The complainants paid Rs. 18,50,000/- to OP no. 1, (the developer) by 14 money receipts. It was also agreed upon that at the time of registration the complainant will pay the balance amount of Rs. 40,000/-.
The cause of action of the case arose on 02.12.2015 when the agreement was signed between the parties and it continued till the date of filing of the complaint. The agreement is at page 9 of the annexure in connection with the complaint. After the alleged 8 months were overed the complainants approached to the OP for execution and registration of sale deed and delivery of possession of the same. The possession was delivered to the complainants but the flats were not registered. In spite of request from the complainants, the OPs did not execute and register the sale deed. So, the complainants filed this case with a prayer for execution and registration of the flat, compensation of Rs. 10 ,00,000/- and supply of the completion certificate by the OPs. So, the complainants filed this case. They filed evidence on affidavit.
We have already discussed the 14 money receipts are enclosed with the complaint. So, it appears that in terms of the agreement for sale the complainant paid Rs. 18,50,000/- and in spite of request of from their part, the OPs did not execute the sale deed. Admittedly, the complainants are residing in the said flat. So, it appears from this discussion that the complainants were consumer. They paid the consideration money in part but the OPs did not execute and register sale deed. So, there is deficiency in service and they are entitled to relief as prayed for. So, there is nothing to disbelieve the unchallenged testimony of the complainants. So, the case succeeds.
Hence it is ordered
The complaint case no. CC/874/2018 is allowed ex parte against the Opposite Parties. OPs are directed to execute and register a sale deed in respect of schedule flat and to supply Completion Certificate within 90 days from the date of payment of balance consideration amount of Rs. 40,000/- to the Opposite Parties nos. 1, 2 & 3 which shall be adjusted against the compensation amount and the Opposite Party nos. 1, 2 & 3 are also directed to pay compensation of Rs. 2,00,000/- for harassment and mental agony of the complainants and Rs. 30,000/- as litigation cost within 90 days from this order, failing which the complainants shall be at liberty to put the award into execution.
