Dated:17.11.2022

COMMON ORDER

BY Mrs. M.DIVYASHREE : LADY MEMBER

1. These are the complaints filed under Section 17 of Consumer Protection Act, 1986 with a prayer to direct OPs to deliver the Original Absolute Sale Deed and to complete all the pending works in the Schedule “C” property as per the Agreement and to handover the keys of Schedule “C” after getting all the necessary clearance from all Authorities or in the alternative to direct OPs to refund the entire Sale Consideration amount received by the respective complainant.  Further prayed to direct OPs to pay interest @ 18% p.a. from the date of Agreement of Sale for sale consideration amount and sought compensation for harassment and mental agony along with cost of the proceedings and such other reliefs as the Commission deems fit.

2. These complaints are received on 30.10.2019 through advocate, came to be admitted and ordered notice against OPs in the ordinary course, since notice to OP1 is returned unclaimed and notice to OP2 is served, remained absent.  Hence held sufficient service and placed exparte.

3. Complainants in order to prove their cases filed affidavit evidence and documents, after closure of enquiry heard learned counsel for complainants on complaint and on going through the documents produced by the respective complainants,  Commission to decide on the alleged deficiency in service on the part of OPs.

4. Respective complainants in their complaints stated that with an intention to purchase flats under the project floated under the name and style “AAIERA PELICAN”, had paid some consideration amount towards purchase of flats in the said project and had entered into Agreement to Sell with OPs.  The said Agreement to Sell was fructified into an “Absolute Sale Deed” on 20.03.2018 between respective complainants and OPs by receiving entire Sale Consideration amount which is duly registered before the jurisdictional Sub-Registrar Office. The complainants in their affidavit evidence and in written arguments submit that the original absolute Sale Deed is already in the possession of the respective complainants. The main allegation of the complainants are that even after receiving the entire Sale Consideration, OPs have failed to complete the construction of the property and deliver the possession to the respective complainants as per agreement. To prove their case have produced true copy of Agreement to Sell, Absolute Sale Deed, Legal notice, Postal Receipts and acknowledgments.  Thus these documents are sufficient to hold that the entire Sale consideration amount was paid by respective complainants.  The OPs having been served notice of these complaints, failed to rebut these documents on record.  In other words, OPs failed to participate in the proceedings.  In such circumstances, on ascertaining the contents of complaints, affidavit evidence and documents, written arguments filed by respective complainants, are sufficient to hold that action of OPs amounts to deficiency in service.  It is the bounden duty of the OPs to handover the possession of the flats to the respective complainants after execution of the Sale Deed.

5. With such conclusion, Commission proceed to allow the complaints in part and direct OPs to clear the project and handover the possession of flats registered under Sale Deed within 03 months.  Further direct OPs to pay Rs.1,00,000/- to the complainants towards mental agony and Rs.50,000/- towards cost of litigation within 60 days.  The OPs are directed to comply the order within time stipulated failing which OPs are directed to pay interest @ 12% p.a. for the entire Sale Consideration amount received by respective complainants from the date of Sale Deed till realization.

6. Furnish free copy of this order to both parties.

  Lady Member          Judicial Member              President

*GGH*