Shri Ashoke Kumar Pal, Hon’ble President:-
The matrix of the instant complainant case in short is that with the intention to purchase a self contained flat measuring about 1060 Sq. ft. along with one covered car parking space more fully described in the schedule of the petition of complaint, the complainant submitted an application being No.230140 and the complainant was provided with an allotment letter dated 08.12.2014, at a total consideration amount of Rs.35,65,000/- (Rupees Thirty Five Lakhs Sixty five Thousand) only. The complainant paid Rs.35,19,634/- only by installments on different dates. It was agreed by and between the parties that the scheduled flat along with one covered car parking space will be handed over within 42 months from the date of allotment letter i.e. June, 2018. But ultimately, the OPs neither completed the construction work of the scheduled flat nor handed over the delivery of possession of the same along with one covered 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 covered car parking space. But the OPs failed to deliver the vacant possession of the scheduled flat along with one covered car parking space and to execute and register a proper Deed of Conveyance in favour of the complainant despite repeated requests by the complainant. The OPs 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 as sought for in the petition of complaint.
The OPs did not come forward to contest the case by filing W/V and as such by Order No.4 dated 18.06.2024 the instant case was declared to be proceeded ex-parte as against the OPs.
Points for consideration :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions 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 1060 Sq. ft. along with one covered car parking space more fully described in the schedule of the petition of complaint and the OPs agreed to sell the same to the complainant for which allotment letter dated 08.12.2014 has been handed over to the complainant. The complainant paid the considerable amount totaling of Rs.35,19,634/- (Rupees Thirty Five Lakhs Nineteen Thousand Six Hundred and Thirty Four) 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, Point No.1 is decided in favour of the complainant and against the OPs.
Points No.2 & 3 :-
Both the Points No.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 1060 Sq.ft. along with one covered car parking space more fully described in the schedule of the petition of complaint. The complainant made payment of Rs.35,19,634/- on different dates and the OPs acknowledged the receipt of the same. It was agreed by and between the parties that the OPS shall hand over the delivery of possession of the scheduled flat with one covered car parking space to the complainant within 42 months from the date of allotment letter i.e. June, 2018. Thereafter, despite repeated requests by the complainant even by legal notice, the OPS failed and neglected to deliver the possession of the scheduled flat with one covered 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 case on the relief as sought for in the petition of complaint. Therefore it is clear from the averments of the complainant that the OPs are guilty of deficiency in service and unfair trade practice. The complainant failed to get service from the OPs. On the other hand, the complainant was harassed by the OPs 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 OPs.
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 OP Nos.1, 2 and 3 with cost of Rs.25,000/- (Rupees Twenty Five Thousand) only.
The OP Nos.1, 2 & 3 are jointly and severally liable and are directed to deliver the possession of the schedule flat measuring about 1060 Sq.ft along with covered car parking space as described in the schedule of the petition of complainant 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 on receipt of the balance consideration amount on the day of execution and registration of the Deed of Conveyance.
The OP Nos. 1, 2 & 3 are also jointly and severally liable and are directed to pay compensation @Rs.12.50p per Sq.ft. per month w.e.f. the scheduled date of possession i.e. July, 2018 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 OP Nos. 1, 2 & 3 are jointly and severally liable and are directed to refund the entire amount of Rs.35,19,634/- (Rupees Thirty Five Lakhs Nineteen Thousand Six Hundred and Thirty Four) only along with simple interest in the form of compensation @10% per annum 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 of 45 days till full realization of the entire amount.
That the OP Nos. 1, 2 & 3 are jointly and severally liable and also directed to pay litigation cot 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 expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order.
Let a copy of this 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
