24-03-2015 - Inspite of valid service of notice and fixing this case for ex- parte hearing, no body appears on behalf of the O.Ps/ Respondents/ builders ( for short builders).

2.        Heard Mr. Afaque Ahmad, learned counsel appearing on behalf of the appellants on limitation and merit in both the cases.

3.        On being satisfied with the grounds, the delay of about 45 days in filing these appeals is condoned.

4.        Both the First Appeals involved similar facts and questions and therefore they are heard together and are being disposed of by this common order. F.A. No. 34/2014 arises out of Complaint Case No. 51/2012 and F.A. No. 35/2014 arises from the Compliant Case No. 49/12. Both the Complaint Cases were filed on 3.3.2012 by the Complainants alleging that the builders have neither completed nor handed over and registered their respective flats to them as per the agreement dated 22.10.2008, as per which the flats were to be handed over within two years of the date of agreement.

5.        It appears that in spite of valid service of notice the O.Ps/ Respondents/ builders did not chose to appear before the learned District Forum also.

6.        The learned District Forum, after considering the matter allowed both the complaints. The operative portion of order of Learned District Forum as reads follows;

“ 8. Regard being had to the facts and circumstances of the case and the materials available on record, we direct the O.Ps. to complete the flat in question and handover the same to the complainant and get the flat registered also. According to the agreement dated 22.10.2008, the flat in question was to be completed and handed over within a period of two years from the date of agreement and as such the O.Ps. shall pay the difference of registration charges also on account of delay caused by them. It is needless to say that the advance consideration amount already paid by the Complainant shall be adjusted against the actual area of the flat to be handed over to the Complainant at the agreed rate. Above said directions must be complied with by the O.Ps. within 60 days of this order failing which the Complainant shall be entitled to recover the advance amount paid by him along with penal interest @ 18% p.a. from the date of filing of this case till the date of realization. A sum of Rs. 20,000/- ( twenty thousand only ) by way of compensation and a sum of Rs. 5,000/- (five thousand only) by way of litigation cost is also allowed.”

7.        Mr. Ahmad submits as follows. The learned District Forum has granted a low rate of interest and that too from the filing of the case and not from the respective dates of payment of the amount. The amount of compensation and litigation cost is also quite low.

8.        After hearing Mr. Ahmad and going through the brief, we find as follows. As per the agreement dated 22.10.2008, the flats of both the complainants were to be completed, handed over and registered in their names within two years i.e. by October, 2010. Ultimately legal notices were sent on or about 9.1.2012 but neither reply was received nor the builders obeyed the agreement and therefore the complainants had no option than to file the present complaint cases on 3.3.2012.

9.        In the facts and circumstances, we find that the learned District Forum has rightly issued the said directions. However, we think it proper to modify the order only to the following extent. The time to comply with the orders in both the cases is extended by six months from today, failing which the complainants of both the cases shall be entitled to recover the amounts paid by them along with penal interest @ 18% p.a. from the respective dates of payments of the amounts till realization.

             With these observations and directions these appeals are disposed off.

             Issue free copy of this order to all concerned for information and needful.

                                 Ranchi,

                                 Dated:-24/03/2015