Complaint Case in briefly is that O.P No.1 is a registered company being the developer/promoter is engaged with the development of land and constructional work of the buildings.

That O.P No. 2 is the proprietor of the company (as alleged by Complainant).

And O.P Nos. 3 to 11 are the registered owners of the land in question. Details of the said land has  been mentioned in the First schedule of the Petition of Complaint.

That O.P Nos. 3 to 11 came into contract with O.P No.1 and thereafter a prolonged discussion went on between O.P No.1 in one side and O.P Nos. 3 to 11 in other side that O.P Nos. 2 to 6 selected and/ or nominated O.P No.1 to construct the buildings on the land in question and accordingly a registered Development Deed of Agreement was registered on 24.05.2013, details of which have been mentioned in paragraph no. 6 of the Complaint Petition.

It may be noted that building plan was sectioned in the names of O.P Nos. 3 to 11 subsequently.

That during constructional work of the building (details of which have been mentioned in 2^nd schedule of the Petition of Complaint). Complainant came into contact with O.P No.1. Accordingly, one Agreement for Sale was executed between the Complainant and the O.Ps in respect of flat in question, details of which mentioned in 3^rd schedule of the Petition of Complaint and the total consideration value of the flat has been fixed at Rs. 24,00,000/-. Thereafter, Complainant paid Rs. 4,80,000/- by concerned cheque dated 29.01.2019 as an advance/earnest money of the said flat in favour of O.P No.1 and accordingly O.P No.1 acknowledged the same and issued money receipt.

Thereafter, Complainant on several times contacted O.P No.1 and requested to deliver and hand over the peaceful khas possession of the said flat in his favour, but all in vain.

As per Complainant O.Ps are liable to hand over the vacant peaceful possession of the flat in favour of the Complainant within 29.01.2019 but O.Ps deliberately and intentionally failed to hand over the same.

Complainant further states that till date O.Ps have failed to complete the entire constructional work of the building. Thereafter, Complainant visited office of O.P No.1 with a request to hand over the said flat in question to him. Thereafter, O.Ps issued several letters to Complainant by making false assurance in respect of the handing over of the possession of the flat and for the execution of the Deed of Conveyance of the said flat. Ultimately, finding no other alternative Complainant instituted this case praying for direction upon the O.Ps jointly or severally to execute and register the Deed of Conveyance in respect of the said flat in question, in favour of the Complainant. Alternatively, direction be given upon the O.Ps to refund the entire amount of Rs. 4,80,000/- along with statutory interest in favour of the complainant. Complainant  had also prayed for compensation for harassment, mental agony and also for negligent act and conduct including  deficiency in service on the part of the O.Ps along with further prayer for cost of the proceedings. 

To prove and substantiate the case, Complainant has filed evidence-in-affidavit.

That apart Complainant filed various photocopies of documents.

POINT FOR DECISION

Only point to be decided whether Complainant is entitled to have the decree as prayed for!

DECISIONS WITH REASONS

This Commission has gone through the evidence on affidavit by the Complainant. The said evidence on affidavit of Complainant appears to be a replica of the contents of petition of complaint.

This Commission has also carefully gone through the contents of Petition of Complaint including evidence on affidavit of the Complainant and the supported photocopies of documents filed on behalf of the Complainant including copy of Agreement for Sale.

It may be pointed out that at this stage there is nothing to disbelieve the unchallenged testimony of Complainant.

Accordingly, this Commission is of the view that Complainant has succeeded in proving his case and he is entitled to have the relief/s as prayed for.

Hence, it is,

ORDERED

that the case being no. CC 223/2020 be and the same is allowed on ex parte against the O.P Nos. 1 to 11 with cost.

O.Ps are directed jointly or severally to execute and registered the Deed of Conveyance in respect of the flat in question in favour of the complainant within 45 days from the date of this order or in alternative, O.Ps are categorically directed to refund the entire amount of Rs. 4,80,000/- to the Complainant with an interest @ 8%  p.a. w.e.f.  29.01.2019 till realization of the entire amount and the entire amount to be paid by the O.Ps within 45 days from the date of this order.

O.Ps are also directed jointly or severally to pay Rs. 25,000/- to the Complainant as compensation for harassment, mental agony and for negligent act and conduct including deficiency in service of them O.Ps within 45 days from the date of this order.

O.Ps are further directed jointly or severally to pay Rs. 10,000/- as litigation cost to the Complainant within 45 days from the date of this order. 

Let plain copy of this order be supplied to the parties free of cost. 

Dictated and corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT