Sri Ashoke Kumar Pal, Hon’ble President :
The matrix of the instant complaint case in short is that with the intention to purchase a self-contained flat measuring about 712 Sq. ft. along with one open car parking space more fully described in the schedule of the petition of complaint, the complainant submitted an application form being No. 1737 and the complainant was provided with an allotment letter dated 09.07.2014, at a total consideration amount of Rs. 19,80,000/- only. The complainant paid Rs. 19,67,534/- only by installments on different dates. It was agreed by and between the parties that the scheduled flat along with one open car parking space will be handed over within 42 months from the date of allotment letter i.e. January, 2018. But ultimately the O.Ps. neither completed the construction work of the scheduled flat nor handed over the delivery of possession of the same along with one open car parking space and did not execute and register a proper deed of conveyance in respect of the same in favour of the complainant as per terms and conditions of the agreement for sale. The complainant is all along ready and willing to complete the process of registration of the deed of conveyance and to get the delivery of possession of the scheduled flat along with one open car parking space. But the O.Ps. failed to deliver the vacant possession of the scheduled flat along with open car parking space and to execute and register the proper deed of conveyance in favour of the complainant despite repeated requests by the complainant. The O.Ps. failed and neglected to comply with the requirement of the agreement for sale and hence, the instant complaint case has been filed 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 and as such, by Order No. 6 dated 03.09.2024 the instant complaint case was declared to be proceeded ex-parte as against the O.Ps.
Points for consideration :-
- Is the complainant, a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant 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 complainant was willing to purchase a self-contained flat measuring about 712 Sq. ft. along with one open car parking space more fully described in the schedule of the petition of complaint and the O.Ps. agreed to sell the same to the complainant for which allotment letter dated 09.07.2014 has been handed over to the complainant. The complainant paid the considerable amount totaling to Rs.19,67,534/- by installments on different dates. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the Point No. 1 is decided in favour of the complainant and against the O.Ps.
Point No. 2 & 3:-
Both the Points Nos. 2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant booked a self-contained flat measuring about 712 Sq.ft. along with one open car parking space more fully described in the schedule of the petition of complaint. The complainant made payment of Rs. 19,67,534/- on different dates and the O.Ps. acknowledged the receipt 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 with one open car parking space to the complainant within 42 months from the date of allotment letter i.e. January, 2018. Thereafter, despite repeated requests by the complainant, even by legal notice the O.Ps. failed and neglected to deliver the possession of the scheduled flat with one open car parking space to the complainant and to execute and register a proper deed of conveyance in favour of the complainant for which the complainant was compelled to file the instant complaint case on the reliefs as sought for in the petition of complaint. Therefore, it is clear from the averments of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice. The complainant failed to get service from the O.Ps. On the other hand, the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus the Point Nos. 2 & 3 are also decided in favour of the complainant 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.P. Nos. 1, 2 and 3 are jointly and severally liable and are directed to deliver the possession of the scheduled flat measuring about 712 Sq. ft. along with open car parking space as described in the schedule of the petition of complaint and to execute and register a proper deed of conveyance in respect of the same in favour of the complainant within 45 days from the date of passing this order receiving the balance consideration amount on the day of execution and registration of the deed of conveyance.
The O.P. Nos. 1, 2 and 3 are also jointly and severally liable and are directed to pay compensation @ Rs. 12.50 paisa per Sq.ft. per month w.e.f. the scheduled date of possession i.e. February, 2008 till the actual date of possession as per Clause 11 (d) of the general terms and conditions of the R.D.P.L.
Alternatively, the O.P. Nos. 1, 2 and 3 are jointly and severally liable and are directed to refund the entire amount of Rs. 19,67,534/- (Rupees nineteen lakhs sixty seven thousand five hundred and thirty four) only along with simple interest in the form of compensation @10% p.a. w.e.f. the respective dates of payment of installments till the date of final realization of the same, within 45 days from the date of passing this order, i.d., interest @12% p.a. shall be applicable for such period beyond 45 days till full realization of the entire amount.
That the O.P. Nos. 1, 2 and 3 are jointly and severally liable and are also directed to pay the litigation cost of Rs. 25,000/- (Rupees twenty five thousand) only within 45 days from the date of passing this order.
That the complainant is 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.in.
Dictated and corrected by me.
President
