Sri 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 measuring about 850 Sq.ft. super built-up area entered into an agreement for sale dated 21.05.2016 with the O.Ps. which has been registered at A.R.A – I, Kolkata being No. 03946 for the year 2016. The consideration amount was settled at Rs. 16,00,000/- and the complainant paid the entire consideration amount and the O.Ps. acknowledged the receipt of the same by issuing money receipts. The O.Ps. handed over the possession of the scheduled flat to the complainant but not in habitable condition. Despite several requests made by the complainant and even by Advocate’s letter dated 24.01.2023 the O.Ps. neither executed and registered a proper deed of conveyance in favour of the complainant nor handed over the completion certificate along with other amenities such as electricity, water supply etc 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. 6 dated 09.01.2024 and the Order No. 8 dated 04.03.2024 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 as described in the agreement for sale dated 21.05.2016. The complainant paid the entire consideration amount of Rs. 16,00,000/- 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 more fully described in the schedule of the agreement for sale dated 21.05.2016 and made payment of the entire consideration amount of Rs. 16,00,000/-The O.Ps. only gave possession of the scheduled flat to the complainant but did not comply with the other terms and conditions of the agreement for sale despite repeated requests by the complainant even by Advocate’s letter dated 24.01.2023.
The fact remains that the O.Ps. failed to execute and register a proper deed of conveyance and to hand over the completion certificate in respect of the scheduled flat in favour of the complainant incompliance with the terms and conditions of the agreement for sale dated 21.05.2016. It appears that the complainant failed to get service from the O.Ps. Unchallenged testimony of the complainant was not contradicted and cannot be disbelieved. 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.Ps. with cost of Rs. 20,000/- (Rupees Twenty Thousand) only.
The O.Ps. are jointly and severally liable and are directed to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainant within 30 days from the date of passing this order, I/D, the complainant is at liberty to execute and register the same through the machinery of this Commission.
The O.Ps. are jointly and severally liable and are directed to pay compensation of Rs. 1,00,000/- (Rupees One Lakh) 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.
The complainant is at liberty to put the order into execution after the expiry of 30 days in case the orders are not complied with by the O.Ps. 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: Dictated and corrected by me.
President
