Sri Ashoke Kumar Pal, President

Stripped off unnecessary details, the case of the complainant in a nut shell is that with the intention to purchase a self-contained flat measuring about 712 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 form being No. high Land Green 50254 dated 17.02.2014 and the complainant was provided with an allotment letter dated 09.07.2014, at a total consideration amount of Rs.20,80,000/-only. The complainant paid Rs.22,45,851/- being the entire consideration amount including the cost of installation of electric connection and other expenses only by installments on different dates.  It was agreed by and between the parties that the scheduled flat will be handed over within 42 months and thereafter on or before 31^st March, 2022.  But subsequently, the OP No.1 informed the complainant about the delay in process of delivery of possession of the said flat.  Finding no other alternative the complainant on 03.02.2023 sent a legal notice to the OP No.1 to hand over the delivery of possession of the scheduled flat along with car parking space and to execute and register a proper Deed of Conveyance in respect of the scheduled flat 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 car parking space.  But the OPs failed to deliver the vacant possession of the scheduled flat along with car parking space to execute and register the proper Deed of Conveyance in favour of the complainant despite repeated requests by the complainant and by sending legal notice dated 03.02.2023.  But despite receipt of the legal notice, the OPs failed and neglected to comply with the requirement of the same and hence the instant complainant case has been filed on the reliefs 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 26.05.2023 the instant complaint case was declared to be proceeded ex-parte against the OP Nos. 1, 2 & 3.

                                  Points for consideration :-

1. Is the complainant, a consumer?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. 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. Super Built Up Area along with one covered car parking space more fully described in the schedule of the petition of complainant and the OPs 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 entire consideration amount along with other expenses totaling to an amount of Rs.22,45,851/- by installment 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 OPs.

Point No:2 : 

The complainant booked a self-contained flat measuring about 712 Sq.ft. Super Built-up Area along with covered car parking space more fully described in the schedule of the petition of complaint.  The complainant made payment of Rs.22,45,851/- being the total consideration amount and other incidental expenses only 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 to the complainant within 42 months and thereafter on or before 31^st March, 2022.  Although initially it was agreed to hand over the possession of the scheduled flat within 42 months from the date of letter of allotment dated 09.07.2014 i.e. by January, 2018.  But ultimately, the OPs violated the terms and conditions of the agreement and failed to delivery of possession of the scheduled flat to the complainant within scheduled time.  Thereafter, the complainant requested the OPs verbally as well as by sending legal notice dated 03.02.2023 requesting the OPs to deliver the peaceful possession of the scheduled flat in favour of the complainant and to execute and register a proper Deed of Conveyance.  But the OPs did not pay any heed to the requests of the complainant.  Neither the delivery of possession of the scheduled flat along with covered car parking space was given in favour of the complainant nor the Deed of Conveyance was executed and registered by the OPs in respect of the scheduled flat along with covered car parking space in favour of the complainant.  Therefore, it is clear from the averments of the complainant that the OPs are guilty of deficiency in service and unfair trade practice. 

As such, Point No.2 is also decided in favour of the complainant and against the OPs.

Point No.3 :-

The complainant purchased a self contained flat from the OPs and made payment of Rs.22,45,851/-i.e. the entire consideration amount and other incidental charges of the same. It was agreed that the possession of the scheduled flat will be delivered by the OPs to the complainant within 42 months from the date of letter of allotment dated 09.07.2014 i.e. by January, 2018.  Subsequently, the OPs agreed to deliver physical possession of the flat along with car parking space on or before 31^st March, 2022. But ultimately, the OPs violated the terms and conditions of the agreement and to deliver the peaceful possession of the scheduled flat along with covered car parking space to the complainant within the scheduled time.  The OPs also failed to execute and register a proper Deed of Conveyance in favour of the complainant in respect of the scheduled flat along with covered car parking space. Ultimately finding no other alternative, the complainant requested the OPs as well as through Advocate’s letter dated 03.02.2023 requesting the OPs to hand over the possession of the scheduled flat along with car parking space and to execute and register a proper Deed of Conveyance in favour of the complainant.  But the OPs ultimately failed and neglected to comply with the requirements of the Advocate’s letter for which the complainant was failed 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 complainant is entitled to get the reliefs as prayed for as the OPs neither delivered the possession of the scheduled flat nor executed and registered a proper Deed of Conveyance in respect of the scheduled flat along with covered car parking space in favour of the complainant.  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 No.3 is 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 OPs 1, 2 & 3 with cost of Rs.25,000/- (Rupees twenty five  thousand) only.

The OPs are jointly and severally liable and are directed to deliver the possession of the scheduled flat measuring about 712 Sq. ft. along with covered car parking space more fully described in the 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.  The OPs are also jointly and severally liable and are directed to pay compensation @12.50 per Sq.ft. per month w.e.f. the scheduled date of possession i.e. January, 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 OPs are jointly and severally liable and are directed to refund the entire amount of Rs.22,45,851/- (Rupees twenty two lakhs forty five thousand eight hundred and fifty one) only along with Simple Interest in the form of compensation @12% p.a. w.e.f. 17.02.2014 (date of payment of application money) till the date of final realization within 45 days from the date of passing this order.

That the OPs are also 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 OPs 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