Per Shri B.A.Shaikh, Hon’ble Presiding Member.
1. This complaint is filed by the complainant Under Section 17 of Consumer Protection Act, 1968.
2. The case of the complainant as set out by the complainant in brief is as under.
The opposite party (for short O.P.) is a builder and developer. The complainant entered into registered agreement to sale dated 20/01/2016 with the O.P. to purchase from him Flat No.301 for Rs.31,00,000/- as described in detail in the complaint. The complainant paid total amount of Rs.28,10,000/- in installments to the O.P. of which details are given in the complaint. The complainant is ready to pay balance consideration of Rs.2,90,000/- to the O.P. as per agreement at the time of registration of the sale deed. But the O.P. avoided to execute the sale deed and illegally demanded additional amount of Rs.7,05,000/- from the complainant. The complainant refused to pay Rs.7,05,000/- to him. The complainant gave reply to the notice of O.P. by which illegal demand of Rs.7.05.000/- is made by the O.P. to her. Therefore the complainant filed consumer complaint before this Commission requesting that the direction be given to O.P. to execute registered sale deed of the said flat in her favour and to pay compensation of Rs.5,00,000/- for physical and mental harassment and also to pay her Rs.58,000/- towards housing rent paid by her (complainant) till June 2016 and also to pay her interest @ 18% p.a. over Rs.58,000/- and also to pay cost of litigation amounting to Rs.50,000/-.
3. This Commission issued two notices one after another to opposite party (O.P.) by Registered Post A/D, which are returned with postal endorsement as “ Not Known”. The said notices were issued to the O.P. on the same address of the O.P. given by him in the registered agreement to sale. Thereafter permission was granted by this Commission to complainant to serve notice by publishing in the local news paper against the O.P. Complainant as per the said permission, published notice in the local news paper namely “Punya Nagari”. One of the issue of that news paper in which the said notice was published is also produced by the complainant. The O.P. remained absent despite service of notice as above. Therefore this Commission proceeded ex-parte against the O.P. as per order dated 23/01/2017.
4. The complainant in support of the complaint filed evidence affidavit. He also filed copies of agreement of sale, loan sanction letter issued by the Bank to the extent of Rs.30,00,000/-, receipts about payment made by the O.P., house rent receipts, statement of account, notice of the O.P., reply given by the complainant to that notice, postal receipt, acknowledgement, notice given by the complainant to the O.P. and postal receipts.
5. The learned Advocate of the complainant relied on the aforesaid affidavit and documents and submitted that as the O.P. has not contested the complaint, it may be allowed in toto.
6. We find that the complaint is duly supported by Registered Agreement of Sale. The O.P. had agreed to sale flat No.301 to the complainant for total consideration of Rs.31,00,000/-. The complainant as seen from aforesaid documents paid him consideration of Rs.28,10,000/- and she is ready to pay balance consideration of Rs.2,90,000/-. We find that the opposite party has rendered deficient service to the complainant by not executing registered sale deed in her favour by accepting the balance consideration. Therefore the complaint deserves to be partly allowed for granting the relief of sale deed. More over the complainant is also entitled to compensation of Rs.1,00,000/- for physical and mental harassment and cost of Rs.10,000/-. Hence we pass the following order.
// ORDER //
- Complaint is partly allowed.
- The opposite party is directed to execute registered sale deed of the flat described in the complaint, as per agreement in favour of the complainant by accepting balance consideration of Rs.2,90,000/- from her at the time of sale deed.
- The complainant shall bear the expenses of execution and registration of sale deed.
- Opposite party shall pay to the complainant compensation of Rs.1,00,000/- for physical and mental harassment and cost of Rs.10,000/-.
- Copy of the order be furnished to both parties free of costs.
