Jharkhand

Bokaro

CC/18/97

Sanjeev Kumar - Complainant(s)

Versus

Rajiv Kumar Managing Director, Kunj Vihar Associates 308 P Ltd. - Opp.Party(s)

Ranjit Kumar Darad

06 Mar 2019

ORDER

Complainant Sanjeev Kumar filed this case for a direction to hand over possession of allotted Unit No. TA- 79, East face of Bungalow Model Topaz Executive and Compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/- with 18% interest on Rs. 17,01,000/- paid since 04-05-2014 till hand over the possession of Topaz Duplex.

2          The case in short is that Complainant purchased a piece of land get it mutated in his name. He made an agreement with O.P. for construction of Building on 27-10-2010. The building was to hand over after date of registry of land by 18^th months. If the building shall not be hand over after stipulated time, O.P. has to pay 2% p.m. on the amount deposited by the customer The land was registered on 08-05-2009. O.P. after the agreement allotted unit no. TA-79, East face of Bungalow Model Topaz Executive measuring area 1750 and built up area of 1850 Sq.ft.

The Consideration amount of the said Duplex Topaz was Rs. 17,92,650/-  out of which Rs. 17,01,000/- was paid till 04-05-2014 as per payment schedule and last instalment was to be paid at the time of hand over of the building.

After the agreement, the building which was to be hand over after 18 month and grace period of Six months i.e. after 2 years, has still not handed over to the complainant. Which against the terms and conditions

A legal notice dt. 15-02-2018 was served but even after receipt of the notice no reply has been given .

Hence this case is filed.

3          Complainant has filed the following documents in support:-

Anx-1- copy of the legal notice.

Anx-2- Copy of allotment letter dt. 15-03-2009

Anx-3- Copy of the Mutation

Anx-4- to 4/6 Copies of money receipt of O.P.

Anx-5- Copy of Sale deed

Anx-6- Copy of the agreement.

4          In Spite of notice issued to O.P. and service on 24-09-2018, opposite party has not appeared as such, ex- parte proceeding was initiated.

FINDINGS

5          We perused the record and the documents filed we have no hesitation to hold that complaint hence paid money to O.P. for constitution of the building after an agreement, he is a consumer and dispute is a Consumer dispute.

6          On the basis of Anx-6, the agreement O.P. had to  hand over the building after construction after 2 years. The agreement was made on 27-10-2010 and Anx-4 series, the receipt of money paid as per payment schedule, but as per terms and agreement building has not been handed over to the Complainant. Even not reply was made to the legal notice which shows O.P. has not serving as agreed on payment.

This is clear deficiency in service on the part of the O.P. and O.P. is liable.

7          Therefore, we allow the prayer and we direct O.P. to handed over the allotted Unit No. TA-79 as per agreement after completing construction within 3 months after passing of this order.

We further direct to O.P. to  pay rs. 10,000/- as compensation and Rs. 5,000/- as litigation cost.