Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainants in a nutshell is that with the intention to purchase a self-contained flat measuring about 1060 Sq.ft. (super built-up area) along with covered car parking space more fully described in schedule of the petition of complaint. The complainant submitted an application form being No. 280255 and the complainants were provided with a allotment letter dated 08.12.2014 at a total consideration amount of Rs. 35,10,000/-(Rupees thirty five lakh ten thousand) only . The complainants paid Rs. 37,84,815/-(Rupees thirty seven lakh eighty four thousand eight hundred and fifteen) only by installments on different dates in excess of the total consideration amount of Rs. 35,10,000/-(Rupees thirty five lakh ten thousand) only which includes cost of electricity installation and covered car parking. It was agreed by and between the parties that the scheduled flat will be handed over by within 42 months from the date of initial payment for the flat. But subsequently, the O.P. No. 1 informed about the delay in the process of delivery of possession of the said flat. Finding no other alternative the complainants on 28.12.2022 sent a legal notice to the O.P. No. 1 to handover the vacant possession of the scheduled flat and to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants as per terms and conditions of the agreement for sale. The complainants are willing to ready to pay the balance consideration amount at the time of registration of the deed of conveyance in favour of the complainants. But the O.Ps. failed to deliver the vacant possession of the scheduled flat and to execute and register a proper deed of conveyance in favour of the complainants despite repeated requests by the complainants and by sending legal notice dated 28.12.2022. But despite the receipt of legal notice, the O.Ps. failed to comply with the requirements of the same and hence, this complaint case on the reliefs sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case by filing W.V. As such, by Order No. 4 dated 10.04.2023 the instant complaint case was declared to be proceeded ex-parte against the O.P. Nos. 1, 2 and 3.
Points for Decision :-
- Are the complainants consumers?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get reliefs as prayed for?
Decision with Reasons :-
Point No.1:-
On perusal of the case record along with copies of documents available on record, it appears that the complainants were willing to purchase a self-contained flat measuring about 1060 Sq.ft. (super built-up area) more fully described in schedule of the petition of complaint and the O.Ps. agreed to sell the same to the complainants for which the allotment letter dated 08.12.2014 has been handed over to the complainants. The complainants paid Rs. 37,84,815/-(Rupees thirty seven lakh eighty four thousand eight hundred and fifteen) only on different dates in excess of the total consideration amount of Rs. 35,10,000/-(Rupees thirty five lakh ten thousand) only which includes cost of electricity installation and covered car parking. Therefore, the complainants are consumers as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainants and against the O.Ps.
Point No. 2:-
The complainants booked a self-contained flat measuring about 1060 Sq.ft. (super built-up area) more fully described in schedule of the petition of complaint. The complainants made payment of Rs. 37,84,815/-(Rupees thirty seven lakh eighty four thousand eight hundred and fifteen) only on different dates and the O.Ps. acknowledged the receipts of the same. It was agreed by and between the parties that the O.Ps. shall hand over the delivery of possession of the scheduled flat to the complainants within 42 months from the date of initial payment for the flat. But ultimately, the O.Ps. violated the terms and conditions of the agreement and failed to deliver possession of the scheduled flat to the complainants by the scheduled time. Thereafter, the complainants requested the O.Ps. verbally as well as by sending legal notice dated 28.12.2022 requesting the O.Ps. to deliver the peaceful possession of the scheduled flat in favour of the complainants and to execute and register a proper deed of conveyance receiving the balance consideration amount. But the O.Ps. did not pay any heed to the request of the complainants. Neither the delivery of possession of the scheduled flat was given in favour of the complainants nor any deed of conveyance was executed and registered by the O.Ps. in respect of the scheduled flat in favour of the complainants. Therefore, it is clear from the averments of the complainants that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, Point No. 2 is also decided in favour of the complainants and against the O.Ps.
Point No. 3:-
The complainants purchased a self-contained flat from the O.Ps. and made payment of Rs. 37,84,815/-(Rupees thirty seven lakh eighty four thousand eight hundred and fifteen) only for the same. It was agreed that the possession of the scheduled flat will be delivered by the O.Ps. to the complainants within 42 months from the date of initial payment for the flat. But ultimately the O.Ps. violated the terms and conditions of the agreement and failed to deliver the possession of the scheduled flat to the complainants within the scheduled time. The O.Ps. also failed to execute and register a proper deed of conveyance in favour of the complainants in respect of the scheduled flat. Ultimately, finding no other alternative, the complainants requested the O.Ps. verbally as well as through Advocate’s letter dated 28.12.2022 requesting the O.Ps. to hand over the possession of the scheduled flat and to execute and register a proper deed of conveyance in favour of the complainants. But the O.Ps. ultimately failed to comply with the requirement of the Advocate’s letter for which the complainants were compelled to file the present case on the reliefs as sought for in the petition of complaint. As such, there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.Ps. neither delivered the possession of the scheduled flat nor executed and registered a proper deed of conveyance in respect of the scheduled flat in favour of the complainants receiving the balance consideration amount. The complainants failed to get service from the O.Ps. On the other hand, the complainants were harassed by the O.Ps. by various ways. Therefore, the complainants are entitled to get the relief as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainants and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed ex-parte against the O.P. Nos. 1, 2 and 3 with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps. are jointly and severally liable and are directed to deliver the scheduled flat measuring about 1060 Sq.ft. (super built-up area) along with covered car parking space more fully described in schedule of the petition of complaint and to execute and register a proper deed of conveyance in respect of the same within 45 days from the date of passing this Order receiving the balance consideration amount from the complainants at the time of registration of the deed of conveyance.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs. 37,84,815/-(Rupees thirty seven lakh eighty four thousand eight hundred and fifteen) only along with simple interest @12% p.a. w.e.f. 04.11.2014 (date of payment of first installment) till the date of final realization within 45 days from the date of passing this Order.
That the O.Ps. are jointly and severally liable and are also directed to pay compensation to the tune of Rs. 2,00,000/- (Rupees two lakh) only for mental pain and agony, deficiency in service, unfair trade practice and harassment suffered by the complainant within 45 days from the date of passing this Order.
That the O.Ps. are jointly and severally liable and are also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) to the complainants only within 45 days from the date of passing this Order.
That the complainants are at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 days from the date of passing this Order.
Let a copy of the Order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
