Complainant through Adv. Patil
Opponent through Adv. Dixit
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(31/05/2013)
This complaint is filed by the unfortunate tenant against the builder-developer, who had grabbed the tenancy rights of the complainant. The brief facts of the complaint are as follows,
1] The complainant was the tenant in the property bearing City Survey No. 365 admeasuring 203.2 sq. mtrs. The opponent has purchased the said property and agreed to allot a flat to the complainant admeasuring 208 sq. ft. for Rs. 1,38,000/-. The opponent has executed the registered agreement in favour of the complainant on 27/6/2002. The complainant has paid an amount of Rs. 44,000/- to the opponent from time to time. The opponent assured that he will make arrangement for housing loan, but no such arrangement was made. The complainant is a poor person. He is doing private service. After taking possession of the tenanted property, the opponent constructed building over the said property. The opponent has allowed the complainant to stay in the parking area, but did not allott flat as per assurance. Hence the complainant has filed present complaint for deficiency in service. He has asked conveyance and possession of the flat in the alternative he has clamed monetary compensation of Rs. 10,00,000/- i.e. market value of the said flat.
2] The opponent has resisted the claim by filing written statement. The opponent has flatly denied the contents of the complaint. According to the opponent, though the agreement was executed in favour of the complainant, he himself has committed breach of the agreement. He did not pay consideration as per the terms and conditions. According to the opponent, there is non deficiency in service. He has prayed for the dismissal of the complaint.
3] After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments, as well as perusing written arguments of both the parties and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether complainant has proved that the opponent has caused deficiency in service by not allotting flat to the complainant? | In the affirmative |
2. | What order? | Complaint is partly allowed |
REASONS :-
4] Both parties have filed their affidavits and the documents in support of their rival contentions. It is the case of the opponent that even though the agreement was executed in favour of the complainant as alleged, the complainant did not pay entire consideration amount, hence the flat was not allotted to him. The opponent has also contended that there is no deficiency in service; hence the complaint is liable to be dismissed. It is pointed out on behalf of the complainant that he was tenant in the suit premises prior to the construction of the building and the opponent agreed to allot a flat admeasuring 208 sq. ft. It is the case of the opponent that the complainant has paid only Rs. 27,000/-, but according to the complainant he has paid an amount of Rs. 44,000/-. He has produced documentary evidence to that effect. It is further brought to the notice that the flat, which is referred in the agreement, is not at all in existence. Thus the opponent builder deceived the complainant by executing bogus agreement. The opponent has grabbed tenanted property of the complainant and did not allot flat as per the agreement. This amounts to deficiency in service. It is also pointed out on behalf of the complainant that the Manager of the opponent has collected amount for loan proposal, but that proposal did not fertilize. After considering evidence on record and the facts and the circumstances, it is crystal clear that the opponent has caused deficiency in service. Hence, I answer the points accordingly and pass the following order
** ORDER **
1. The complaint is partly allowed.
2. It is hereby declared that the opponent
has caused deficiency in service by not
allotting flat to the complainant as per
agreement.
3. The opponent is directed to allot flat
to the complainant after receiving remaining
consideration amount as per the agreement
within three months from the date of order.
If flat is not allotted to the complainant within
stipulated period, the complainant is at liberty
to recover market price of the flat to the tune of
Rs. 10,00,000/- along with interest @ 15% p.a.
from the date of filing of the complaint till it
realization.
4. Copy of order be supplied to both the
parties free of cost.
