Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 31.08.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay compensation of Rs. 4,92,000/- as has been spent by the petitioner in furnishing the flat in question for making the same residable.
- To direct the opposite parties to pay Rs. 13,03,924/- which is caused loss to the complainant/petitioner due to non / unfurnished/delayed handing over of the flat in question.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has entered in an agreement with opposite parties on 08.02.2012 for purchase of residential flat bearing no. 503 B in “RAM SHYAM ENCLAVE” situated in Nehru Nagar locality of Patna for the consideration amount of Rs. 48,00,000/-. The complainant paid Rs. 15,00,000/- as “PAGARI” ( as per terms non – refundable) on different dates as per deed of agreement contained in annexure – 1. The aforesaid flat was to be hand over till may 2012 to the complainant in well furnished condition.
It has been further asserted that as per rules and regulation of new apartment act the Absolute Sale Deed was executed by the opposite parties in favour of son and wife of the complainant namely Alokmani Abhishek and Smt. Manorama Sinha respectively on 22.06.2012 after payment of rest consideration money of Rs. 33,00,000/- as will appear from annexure – 2.
It has been also asserted that one day prior to registration when the complainant inspected the flat no. 503 B in “RAM SHYAM ENCLAVE” it was found that the aforesaid flat was not properly constructed and furnished as per assurance of the opposite parties but the opposite parties assured that the same will be properly constructed and furnished as per agreement in near future.
At the time of execution of Sale deed dated 22.06.2012 the complainant was assured that the possession of flat will be hand over in well furnished condition with all right title and interest besides a parking space on the ground floor numbered as parking space no. 6 for reserved car parking. The complainant became ready for registration on relying on the assurance of the opposite parties.
The grievance of the complainant is that thereafter the complainant continuously approaching and requesting the opposite parties for constructing the flat in question and furnishing the same as per their assurance but they did not pay heed to the request to the complainant and due to this the complainant and his family continued to reside in other house. Thereafter the complainant gave legal notice to the opposite parties vide annexure – 3 but they did not redressed the grievance of the complainant.
From the supplementary affidavit filed by the complainant it appears that complainant has shifted in the said flat on 08.08.2015 after furnishing and constructing the flat in question after spending Rs. 4,92,000/-.
From record it appears that notices on opposite parties have been declared valid as the registered notice sent to them did not return and opposite parties did not appeared even after receiving Dusti Notice.
It goes without saying that the complainant has asserted the aforementioned fact on affidavit and there is no counter version of the opposite parties. Hence we have no option but to rely on the statement of the complainant made in the complaint petition which clearly disclose deficiency on the part of opposite parties.
For the reason stated above we direct the opposite parties to pay Rs. 4,92,000/- ( Rs. Fur Lac Ninety Two Thousand only ) to the complainant by way of compensation within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 4,92,000/- ( Rs. Fur Lac Ninety Two Thousand only ) till its final payment.
Opposite parties are further directed to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) to the complainant by way of litigation costs within the aforesaid period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member Member(F) President
