Judgment

SHRI  REYAZUDDIN KHAN, MEMBER

 This is an application U/s.35 of the C.P. Act, 1986.

The fact of the case in brief is that the complainant has intended to purchase an apartment in Highland Greens project under the registered company “Riverbank Developers Private Limited” at A.J.C Bose Road ,Kolkata -700020,P.S-Bhownipur.Accordingly the complainant made an application in the prescribed application form in terms and conditions laid down by OP1 and submitted the same dully filled and signed by the complainant along with DD and GTC.The complainant was allotted an apartment on the basis of electronic draw by fulfilling all criteria and complied with all terms and conditions of the GTC.OPs have issued the allotment letter of the apartment 6A2 on 6^th Floor,Tower 32 of Hiland Greens.The complainant had paid the entire consideration amount of Rs,22,42,121.00 on various dates as per receipts of all the payments annexed and also Registration and other misl.fees of Rs,1,81,588.00 to the OPs against the apartment over possession of Unit No.6-A2 on the 6^th Floor of Tower 32 measuring about 712 sq.ft.Bata Nagar,Mahestala,Kolkata-700140.It was further stated in the letter of possession of apartment dated 09.11.2018 that the authorities shall execute and register the Deed o Conveyance  within 15 (Fifteen) days from the date on which the OP1 shall call upon the complainant to complete the execution and registration.The complainant send several letters calling upon the OPs to complete the execution and registration of the Deed of Conveyance of the apartment in question but the OPs intentionally delayed the work.The complainant already paid in advance the registration charges,stamp duty charges and due to delay caused by the OP1 resulted in hike in all the charges and the valuation cost too. In such facts and circumstances the complainant has been forced or rather compelled to take out this petition of complaint for justice before the commission.The complainant prayed for execution and registration of apartment at no extra cost and expenses the  registration to be borne by the OPs from their own expenses as the complainant already paid the same vide receipt no.H1MR/06555/18-19 dated 20.06.2018.The complainant also prayed for Rs,10,00,000 as compensation for deficiency of service Rs,9,80,000/ only for agony and anxiety and harassment caused by OP1 and Rs,20,000 for litigation cost.

The OPs have contested the case by filing their W.V. contending inter alia that the complaint is purely misconceived and baseless. There is no cause of action for the case against the OPs.The complaint petition is not maintainable, guilty of suppression of material facts and liable to be dismissed.  OPs stated that they have neither supplied any defective goods nor the OPs guilty of providing any deficient services to the complainant.The complainant booked an apartment being apartment no.6A2,6^th Floor Tower-32 at the project named Hiland Greens.The said apartment was then allotted in favour of the complainant vide allotment letter dated March 20,2014 as per the GTC by signing the letter.The OP submitted that the possession of the apartment was handed over to the complainant on 09.11.2018.However,the registration process of the apartment has been delayed on account of situations beyond the control of the OPs,such as the global Covid-19 Pandemic, the registration process was significantly hampered. OPs further stated that there was a considerable delays in payments of 2^nd Installment,8^th instalment,owing to such delays,the complainant is liable to be charged a rate of 18% interest in accordance to the clause 10(c) of the GTC.When there are delays committed by the allottee in payment of instalments,the allottee can not claim compensation on ground of delay.All possible efforts have been undertaken by the OPs to finish the Registration of the Deed of Conveyance.Thus,no deficiency in service or mal practice by the OPs have been done and therefore,the instant claim for specific performance of the GTC in the nature of registration of the conveyance deed,ought not to be entertained and the complainant is not entitled for any compensation .OP1stated that OP2 is the Managing Director of the OP1therefore,OP2 is not required to be impleaded in the instant complaint.It is settled principal that corporate entities have a separate legal entity,which is separate and distinct from its employees.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1)  Whether the OP is deficient in rendering proper service to the Complainant?
          2)  Whether the OP has indulged in unfair trade practice?

     3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.

We have travelled over the documents placed on record. The complainant and the OPs have filed their Evidences supported by affidavit.. Both parties have submitted their BNAs. The fact of the case in brief is that  the complainant intending to purchase an apartment in Highland Greens Project.The complainant has been allotted apartment No.6A2 on the 6^th floor ,Tower 32 of the Highland Greens by a lottery draw.After completion of the apartment the complainant was given the possession of the said apartment on  09.11.2018.The complainant has paid the entire consideration money of Rs,22,42,121/- and also paid the Registration and other miscellaneous charges of Rs,1,81,588.Though all the payments completed but the Execution and Registration of  the Deed of conveyance of the apartment in question still not completed.The complainant made several requests through letters and personal communication but OPs took no such step to complete the Registration and Deed of conveyance.

It is an admitted fact that the complainant had paid all the consideration amount along with Registration and other misl.fees in advance in 2018.It is also admitted by the OP1that the Registration and Deed of conveyance is not completed and assured that it will be completed in May 2023 but still remains pending till date which shows the negligence and unfair trade practice on the part of the OPs. Since the market value of the apartment and areas have gone high the cost of stamp duty and registration fees also hiked for the delay and negligent attitude of the OPs. The OPs have  filed written version.Despite the above allegations of the complaint is deemed to have been admitted as correct .Thus,it stands proved that despite of having received of total consideration amount of the apartment in question and the Registration and other misl.charges the OPs  have failed to performed the duty on his part for execution of Registration and Deed of conveyance . On the other hand the OPs have submitted that the complainant has accepted the terms of the Allotment letter as well as the terms and condition of the GTC by signing on them.The complainant has made considerable delay in payments of instalments for which the complainant is liable to pay an interest to the OPs but no claim is made by the OPs  for interest in delay of payments and as such no document annexed to this issue.In absence of any explanation for failure to comply with the stipulation of work in question, we have no hesitation in concluding that the OPs have committed deficiency in service and also have indulged in unfair trade practice. The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent  legislation cannot be overlooked and its object is not to be frustrated. The complainant has invested huge some of money  to the OPs for his apartment for residence purpose. The OPs failed and neglected to perform  since the hand over of the apartment  to  the complainant and the act and conduct of the OPs are a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. The complainant cannot be wait indefinitely to get register of their apartment.The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to get relief/reliefs, compensation and litigation cost.

Keeping in view of the above facts and circumstances of the present case  we are of the considered opinion that the Complainant has established the case against the OPs.

In the result, the Consumer Complaint succeeds .

Hence,

Ordered

That the Complaint Case be and the same is allowed on contest against the OPs  with the following directions:-

1.OPs are directed to execute and  Register the Deed of Conveyance of the apartment in favour of the complainant and  the  expenses for stamp duty and registration fees at this stage if enhanced will be borne by the OPs as the complainant has already  paid to  the OPs an amount of  Rs 1,81,588/ on 20.06.2018 vide cheque no 253552 the then entire stamp duty and registration fees. 

2.The OPs are further directed to pay Rs.10,000/-  to the complainant  as compensation for causing harassment and mental agony to the complainant.

     3.The OPs are also directed to pay Rs.15,000/- to the complainant as litigation costs

The above orders are to be complied with by the OPs within 60 days from the date of this order .If OPs transgress to comply the order of this commission the complainant is at liberty to put the matter into execution.

The judgment be uploaded to the website of the Commission forthwith for perusal of the parties. Copy of the Judgement be supplied to the parties free of cost as per the C.P. Act.