Hon’ble Sri Ajeya Matilal, Presiding Member
Ld. Counsel appearing for the Complainant is present.
Today is fixed for ex parte hearing of the complaint case.
Complainant has already filed BNA.
This is a case under Section 17 of the Consumer Protection Act, 1986 valued at Rs.53,80,556/-.
The fact of the case is in short like that one Complainant/Mr. Sarjit Singh being one of the Land Owners entered into an agreement for development of the scheduled property mentioned therein on 27.04.2015 by a registered agreement for development of the schedule property.
The development agreement is in annexure-A. The Complainant acquired undivided 1/3rd share of the total land. The complainant became absolute owner of the schedule property by a deed of gift and he claimed that he is in possession of the scheduled property.
It appears from the page No. 7 of the Development Agreement that the project is required to be completed within 36 months from the date of sanction plan of the building. It is submitted by the Ld. Counsel that the OP did not make any endeavour to get the sanctioned plan. There was also a stipulation in the said agreement if the Developer could not complete the project within the stipulated period he would pay compensation at the rate of 500/- per day of delay to the Land Owner. It was agreed upon between the parties that the Developer/ OPs shall pay non-refundable consideration amount of Rs.33,33,334/-(Thirty Three Lakh Thirty Three Thousand Three Hundred and Thirty Four). It was agreed upon that at the time of signing agreement the Developer shall pay Rs. 7,00,000/- by cash/draft and the balance amount would be paid by the Developer within 14 months from the date of signing of the agreement by way of four(4) different instalments. It was also agreed upon that the Developer shall handover one shop measuring covered area 130sq.ft. more or less on the ground floor with water connection facilities in any side of the Jessore Road at the discretion of the Developer. It was also agreed upon that the Developer would hand-over 80 sq.ft built up area more or less on the ground floor at the choice of Developer. It was also described in the description of the flat that one flat covered measuring 1000 sq.ft covered area more or less on the 3rd floor with proportionate share of land along with common right and facilities of the building would be handed over to the Complainant. At the time of agreement Developer paid Rs.7,00,000/- (Seven Lakhs) to the Complainant. At Page 36 of the Development agreement there is a certificate regarding market value of the property assessed of Rs.53,80,556/- .As per page nos. 6 & 7 of the Complaint at paragraph no. 9, the Developer paid a sum of Rs.5,00,000/- to the Complainant on 22.04.2016 so it appears that out of the total consideration amount of Rs.33,33,334/- (Thirty Three Lakh Thirty Three Thousand Three Hundred and Thirty Four). Developer paid Rs. 12,00,000/- (Twelve Lakhs) in total. Hence, the remaining balance due is Rs.21,33,334/-(Twenty One Lakh Thirty Three Thousand Three Hundred and Thirty Four).
On the prayer of the Complainant an Advocate Commissioner was appointed and he submitted his report on 20.05.2024. It appears from the said report that the construction was not completed. In spite of service of summons the OPs did not appear for which the matter proceeded ex parte against them. In the prayer, the Complainant prayed direction upon the OPs for payment of balance amount and delivery of possession of the scheduled flat, shop room along with one room in the flat and possession letter and completion certificate which are mentioned in the prayer.
The Notice regarding compliance has been served to the OP Nos. 1-4.
Perused the evidence on record along with documents filed by them.
It appears that the Complainant is a consumer and the OPs did not perform the contractual obligation and there is deficiency in service on the part of the OP/Developers. So, we are of the view that the Complainant is entitled to get relief as prayed for.
Hence, it is
O R D E R E D
That the Complaint case being No. CC/18/2019 is allowed against the OPs with litigation cost of RS.10,000/-. OP Nos. 1-4 are directed to start and finish the construction work of the new building and hand over the peaceful vacant and khas possession in habitable condition to the Complainant in respect of the said owner’s allocation mentioned in the agreement within one year and pay a sum of Rs. 21,33,334/- to the Complainant and hand over the building’s completion certificate to the Complainant issued by the South Dum Dum Municipality within one year failing which it will carry an interest of 7.5% p.a.
The OP Nos. 1-4 are also directed to pay delay compensation for non-delivery of the Owners` allocation to the Complainant as per agreement to the tune of @ Rs.500/- per day from 27.04.2018 till the delivery of possession.
In case the Complainant does not comply with this order within the above stated period the Complainant will be at liberty to put this order into execution.
Let a copy of this order be made available to the parties free of cost.
