Sri Ashoke Kumar Pal, President
Order No:10
Judgement Dated 10.10.2023
Stripped off unnecessary details. The case of the complainant in short is that with the intention to purchase a self-contained flat measuring about 522.74 Sq. ft. along a covered car parking space more fully described in the Schedule of the Agreement for Sale dated 13.01.2018, the complainant submitted an application on 02.04.2017 for the two BHK flat in the 3rd Floor of South Western side of the Housing Complex known as “King Town New Town” at a total consideration amount of Rs.15,94,618/-. It was agreed upon by and between the parties that the scheduled flat along with car parking space will be handed over to the complainant by 40 months from the date of execution of the agreement. The complainant paid Rs.4,40,197/- by installment on different dates out of the total consideration amount of Rs.15,94,618/-. Subsequently, the complainant came to know on visiting the site that the construction work has not yet been started and there is no sign of completion of the construction work by 2020 and to hand over the same to the complainant. As the OP failed and neglected to hand over delivery of possession of the scheduled flat along with car parking space in favour of the complainant within scheduled time as per the terms of the Agreement for Sale, the complainant has filed the instant complaint case on the reliefs sought for in the petition of complaint.
The OP did not come forward to contest this case by filing W/V. As such, by Order No.6 Dated 25.05.2023 the instant complaint case was declared to be proceeded ex-parte against the OP.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with reasons :-
Point No.1:- On perusal of the case record along with copies of documents available on record, it appears that the complainant was willing to purchase a self-contained flat measuring about 522.74 Sq. ft. along with a covered car parking space more fully described in the schedule of the Agreement for Sale dated 13.01.2018 and the OP agreed to sell the same to the complainant. The complainant paid Rs.4,40,197/- by installments on different dates out of the total consideration amount of Rs.15,94,618/- only. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the 1st point is decided in favour of the complainant and against the OP.
Point No:2 :
The complainant booked a self-contained flat measuring about 522.74 Sq.ft. along a covered car parking space more fully described in the schedule of the Agreement for Sale dated 13.01.2018. The complainant made payment of Rs.4,40,197/- only on different dates and the OP acknowledged the receipt of the same.
The complainant visited the site but found that the construction work has not yet been started and there was no sign of completion of the construction work by 2020 and to hand over the said flat by the OPs. The OP neither handed over the possession of the scheduled flat to the complainant nor refunded back the amount of Rs.4,40,197/- which has been received from the complainant on different dates. The OP also did not register any Deed of Conveyance in favour of the complainant in respect of the scheduled flat along with covered car parking space. Therefore, it is clear from the averments of the complainant that the OP is guilty of deficiency in service and unfair trade practice.
As such, Point No.2 is also decided in favour of the complainant and against the OP.
Point No.03 :-
The complainant intended to purchase a self contained flat along with covered car parking space from the OP and made payment of Rs.4,40,197/-. It was agreed upon by and between the parties that the scheduled flat along with car parking space will be handed over within 40 months from the date of execution of the agreement for sale. Ultimately the OP failed to deliver possession of the scheduled flat within the stipulated time and violated the terms and conditions of the agreement. The OP also failed to execute and register a proper Deed of Conveyance in favour of the complainant in respect of the scheduled flat along with covered car parking space. As such there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the OP neither delivered possession of the scheduled flat nor executed and registered a proper Deed of Conveyance in respect of the scheduled flat along with covered car parking space in favour of the complainant receiving the balance consideration amount. The complainant failed to get service from the OP. On the other hand the complainant was harassed by the OP by various ways. Therefore, the complainant is entitled to get relief as prayed for.
Thus the Point No.3 is also decided in favour of the complainant and against the OP.
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 OP with cost of Rs.25,000/- (Rupees twenty five thousand) only.
The OP is liable and is directed to deliver the scheduled flat along with covered car parking space more fully described in the Agreement for Sale and to register a proper Deed of Conveyance in respect of the same within 45 days from the date of passing this order after receiving the balance consideration amount from the complainant at the time of registration of the Deed of Conveyance.
Alternatively, the OP is liable and is directed to refund the entire amount of Rs.4,40,197/- along with Simple Interest in the form of compensation @12% p.a. w.e.f. 12.05.2017 (date of payment of first instalment) till the date of final realization within 45 days from the date of passing this order.
The OP is liable and is directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five thousand) to the complainant within 45 days from the date of passing this order.
The complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
President
