FINAL ORDER/JUDGEMENT

SHRI  REYAZUDDIN KHAN, MEMBER.

This is an application U/S.35 of the C.P. Act, 2019.

The case of the complainant in brief is that the complainant desirous to purchase a new flat for residential purpose for himself and his family. Accordingly, he approached the OP1 and OP2 who are developers/promoters. The performa OPs 3 to 9 are the land owners of the land measuring about 5 cottahs 5 chittaks along with easement rights of common passage apartment lying and situated at premises No.3C,Sahangar Road,P.S-Tollygunge,Kolkata-700026 within the limits of Kolkata Municipal Corporation ,ward No.88.OP 1 and OP 2 planned to construct a G+3 stored building. The OPs 3 to 9 being the land owners entered into a Memorandum Of Understanding dated 14.12.1997 with the OP 1 and OP2 and subsequently executed a General Power of Attorney dated 30.04.1999  thereby appointing the OP1 and OP 2 as their constituted Attorney. The complainant stated that the flat measuring about 625 sq.ft. super built up area (+/-5%) on the 3^rd floor of the building. The consideration money of the flat was determined as Rs,7,45,000/ (Rupees Seven Lac Forty Five thousands) only with OP1 and OP2.The complainant

 entered into an Agreement for Sale on 20.10.2002.

The complainant further stated that in terms of the payment schedule of the Agreement for sale dated 20.10.2002 the complainant paid a sum of Rs,7,56,000/ ie,Rs,11,000/  paid for extra work to the OP 1 and 2.

The mode of payment and amount….

On 19.04.2003 vide Cheque No.373002 (HSBC)……………. ..Rs,25,000.00

 On 08.01.2003 vide Cheque No. 373003 (HSBC)……………. Rs,25,000.00

On 07.05.2003 vide Cheque No.373004 (HSBC)……………. ..Rs,25,000.00

On 26.05.2003 vide Cheque No.373005 (HSBC)……………. ..Rs,25,000.00

On 26.05.2003 vide Cheque No.373006 (HSBC)……………. ..Rs,25,000.00

On 30.10.2002 vide Cheque No.373001 (HSBC)……………. ..Rs,15,000.00

        On 30.10.2002……………………….  Cash   ……………...Rs,60,000.00   

Cheque No.078098 & 078099 on 30.10.2002……………………Rs.50,000.00

Cash…………………………………….11.02.2003……………….Rs.30,000.00

Cash ……………………………………18.02.2003………………Rs.20,000.00

Cash……………………………………..02.08.2003………………Rs.25,000.00

Cash……………………………………..08.08.2003………………Rs.50,000.00

Cash………………………………………30.08.2003……………..Rs.5,000.00

Cash………………………………………27.09.2003……………..Rs.10,000.00

Cash……………………………………….27.12.2003…………….Rs.20,000.00

Cash……………………………………    10.02.2004…………….Rs.15,000.00

Cash………………………………………23.08.2006…………….Rs.20,000.00

Cheque No.909097 (IDBI).......................26.06.2003……………Rs.2,00,000.00

Cheque No.900448 ……………………..16.08.2003…………..   Rs.1,00,000.00

                                                                                                       Rs.11,000.00

__________________________________________________________________

Total Paid……………………………………………………………7,56,000.00

The complainant stated that the building was completed and  it was handed over the possession to the complainant in the year 2009.Although the possession of the flat was handed over to the complainant but the OPs No.1 and 2 did not execute the registered Deed of Conveyance in favour of the complainant.The complainant time and again requested the OPs to execute the registered Deed of Conveyance but they did not pay the heed and they bypassed the request on several occasions.Finding no other option for adequate remedy,the complainant approached the Ld. Commission seeking justice against the negligence and unfair trade practice by the OPs.The complainant further submits that the Ld.commission has jurisdiction to entertain the petition and pass the order or orders directing the OPs to execute the registered Deed of Conveyance in his favour and also compensation of Rs,2,00,000/- for unfair trade practice and gross negligence, mental agony and harassment  and Rs,20,000/- as litigation cost.

The OPs have not entered appearance .No WV has been filed by the OPs.It also appears that the stipulated period for filling WV by the OPs has already been elapsed and as such the case do proceed ex-parte against the OPs

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1)  Whether the OPs are deficient in rendering proper service to the Complainant?
2)  Whether the OPs have indulged in unfair trade practice?

 3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

The above mentioned points are taken up together for the sake of convenience and brevity in discussion

We have travelled over the documents placed on record. The complainant has filed his Evidence supported by affidavit.  The case has been proceeded ex parte against OPs . The OPs have not filed the  E-Chief and not submitted their BNAs also. The complainant has filed his BNA.

The fact of the case in brief is that the complainant has entered an Agreement for Sale on 20^th October,2002 with the OP 1 and 2  to purchase a flat for residential purpose for his family measuring 625 sq.ft. super built up area on the 3^rd floor of the building on a total consideration of Rs,7,45,000/ (Rupees Seven Lac forty five thousand) only The complainant had paid the total consideration amount of Rs,7,45,000/ and additional amount of Rs,11,000/ for some extra work.The possession of the flat was handed over in 2009 but the Deed of Conveyance was never executed in favour of the complainant  till now by the OP 1 and 2.The complainant requested several times both orally and through letter but failed. This shows negligence and unfair trade practice on the part of the OPs. Deficiency in service on the part of the OPs are proved and the complainant is entitled to get relief/reliefs. In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the

part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service is observed.

In view of the above facts and circumstances we are of the view that the complainant has established his case against the OPs.

 In the result, the Consumer Complaint  is allowed .

Hence,                                                    Ordered

That the complaint case be and the same is allowed  on ex-parte against OPs by following directions.

1.  The OPs are  directed to execute the registered “Deed of Conveyance “as per the agreement  and schedule in favour of  the complainant.
2. The OPs are directed  jointly and severally to pay Rs,20,000/ ( Twenty thousand) as compensation for unfair trade practice,harassment and mental agony.

3  .OPs are further directed jointly or severally  to pay Rs 5,000 ( Rupees  five  thousand) as litigation cost.

The above mentioned orders are to be complied by the OPs within a period of 60 days in default the complainant will be at liberty to put the order into execution as per rules.

Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and

Judgment be uploaded in the website of the Commission for perusal of the parties