Advocate Abhijit Hartalkar for
the complainant
Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 10th April 2013
This complaint is filed by flat owner against builder and developer for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] The complainant Nos. 1 and 2 are husband and wife. They were tenants of Mr. Devanand Raskar residing at plot No. 280 of S.No. 369 A, Hissa No. 6 + 7 to 11/1A (CTS No. 17/3) situated at Burning Ghat Road, Koregaon Park Road, Pune. The Opponents are developer and legal heir of landlord Smt. Shobha Devanand Raskar. They had executed Development Agreement which is registered at Sr. No. 2247/2002 in the office of Sub-Registrar Haveli No.11. The Opponents and P.O.A. of landlord had executed an agreement in favour of complainants on 26/9/2002. The said flat purchase agreement is governed by the provisions of Maharashtra Ownership of Flat Act, 1963. The Opponents agreed to sell out flat No. B-5, Omkar Heights, admeasuring 280 sq.ft situated at 3rd floor for Rs.60,000/- which was inclusive of all amounts such as society formation, M.S.E.B., stamp duty, registration fees etc. The entire consideration is paid by the complainants and the opponents handed over vacant and peaceful possession of the flat on 25/7/2003. Since then the complainants are residing in the said flat and they are paying electricity charges as well as municipal taxes. Complainants by sending various letters asked the opponents to register the flat purchase agreement in the name of the complainants. Opponents have given false reply on 11/2/2011. The act of opponents i.e. not executing the registering flat purchase agreement amounts to deficiency in service hence complainants have prayed for directing the opponents to execute the registered flat purchase agreement of the disputed flat by paying stamp duty and registration charges. Complainants have prayed for registered conveyance deed in favour of Omkar Heights B & C Wing Co.Op.Housing Society Ltd. Complainants have also asked compensation of Rs.25,000/- for mental agony and inconvenience and further asked Rs.25,000/- towards cost of legal expenses.
[2] The Opponents have appeared through Advocate but failed to contest the complaint by filing say. Hence complaint is proceeded for hearing without say of the opponents.
[3] Complainants have filed in all 19 documents alongwith list at Sr. No.20 dated 10/6/2011. Complainants have filed another list of 11 documents dated 28/11/2011. The complainants have filed affidavit in support of complaint at page no. 8 to 14. The contention of complainant remained unchallenged and supported by documentary evidence. It reveals from the documents that complainants have purchased flat No. B-5, Omkar Heights, admeasuring 280 sq.ft situated at 3rd floor. The bills of electricity charges, tax receipts, the receipts as regards payment of maintenance charges are supporting the story of the complainants. Hence it is well established that the complainants have purchased the disputed flat from the opponents. The payment receipts are also disclosing that the entire consideration is paid to the opponents. Housing society is registered by the Co-operative Department and Share Certificate is issued in the name of the complainants. It is the case of the complainants that the opponents have agreed to execute registered deed as regards purchase of the disputed flat but failed to execute the same and thereby caused deficiency in service. It reveals from the entire documentary evidence that the complainants have occupied the said flat by paying the entire consideration but still the opponents have not executed the registered flat purchase agreement. Opponents have also failed to execute conveyance deed in favour of Omkar Heights B & C Wing Co.Op. Housing Society Ltd. Hence I held that complainants have established that there is deficiency in service on the part of the opponents hence complainants are entitled for compensation of Rs.5000/- for delay in execution of flat purchase agreement in favour of the complainants. They are also entitled to get Rs.3000/- by way of compensation for mental and physical sufferings and costs of Rs.2000/-. Hence I pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the opponents have caused deficiency in service by not executing flat purchase agreement in favour of the complainants and not executing conveyance deed in favour of Omkar Heights B & C Wing Co.Op.Housing Society Ltd.
3. The Opponents are jointly and severally directed to execute flat purchase agreement in favour of the complainants and to execute conveyance deed in favour of Omkar Heights B & C Wing Co.Op. Housing Society Ltd. within six weeks from the date of receipt of copy of Order.
4. The Opponents are jointly and severally directed to pay to the complainant lump-sum compensation of Rs.10,000/- for delay in execution of flat purchase agreement in favour of the complainants, Rs.3000/- by way of compensation for mental and physical sufferings and costs of Rs.2000/- within six weeks from the date of receipt of copy of Order.
Copy of order be supplied to both the parties free of cost.
Place-Pune
Date- 10/04/2013
