FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant, in a nutshell, is the, the Complainant booked a residential flat measuring about 660 sq.ft more or less on the 1st floor with the OPs at J – 393, Hari Babu’s Pally Lane, P.O. & P.S. – Garden Reach, Kolkata – 700024 at a total consideration of Rs.13,86,000/- and entered into an unregistered Agreement for Sale dated 12/10/2019 with the OPs by paying a sum of Rs.6,92,800/- in two installments to the OP1 and the OP1 issued money receipts in favour of the Complainant. OPs are failed to deliver the possession of the said flat within stipulated period. The Complainant repeatedly requested the OPs and gave reminders to complete the transactions in respect of the said flat but the OPs have been deliberately avoiding to do so. Finding no other alternative the Complainant sent a Legal Notice dated 26/09/2022 to the OPs. But the OPs did not turn up. Therefore the Complainant has compelled to file this case before this Commission.
Upon service of notice OP1 and OPs 2 to 8 did not appear before the Commission to defend themselves and no WV is filed on behalf of them within stipulated period. Thus the case runs ex parte against them.
Complainant has tendered evidence supported by affidavit. We have gone thoroughly evidence adduced by the Complainant including documents on record and gave careful consideration to the arguments advanced by the Ld. Advocate for the Complainant.
Evidently the Complainant has booked flat with the OPs at J – 393, Hari Babu’s Pally Lane, P.O. & P.S. – Garden Reach, Kolkata – 700024 measuring about 660 sq.ft more or less on the 1st floorat a total consideration of Rs.13,86,000/- and entered into an unregistered Agreement for Sale dated 12/10/2019 with OPs. There is no doubt that the Complainant paid an amount of Rs.6,92,800 to the OP1.On perusal of the record it is found that the OP1 is the developer and the OPs 2 to 8 are land owners and one registered General Power of Attorney had executed on 17/05/2018 in favour of the OP1 by the OPs 2 to 8. It is also found that as per Agreement for Sale dated 12/10/2019executed between the parties the said flat was to be delivered to the Complainant within 12 months from the date of execution of the said Agreement by the OPs.
Ld. Advocate for the Complainant alleged that despite lapse of the stipulated period OPs have failed to deliver the possession of the said flat to the Complainant. Photocopy of the Legal Notice dated 26/09/2022 goes to show that the Complainant had requested the OPsto handover the physical possession of the flat in question with CC from the concerned authorityon payment of balance consideration of Rs.6,93,200/- as per Agreement for Sale dated 12/10/2019 within 15 days from the date of receipt of the said notice.As the OP has opted not to file Written Version despite service of notice of Complaint Petition, the allegations made in the Complaint Petition is deemed to have been admitted as correct.
OPs are fully aware that they are under obligation to deliver possession of the said flat to the Complainant for which the Complainant has invested his hard earned money with the OP1 by booking the said flat in dispute. Undoubtedly, the OP1 has received Rs.6,92,800/- from the Complainant. Despite receiving the booking amount from the Complainant the OP1has failed to comply his liability by giving the possession of the said flat.The Complainant expressed his willingness to pay the balance consideration of Rs.6,93,200/-.Asa land owner and as well as a part of the Agreement for Sale dated 12/10/2019OPs 2 to 8 also cannot shook off their liability deliberately depriving the Complainant from his lawful right. Thus, the OPs are deficient in rendering service, and in fact, remaining unturned to the Complainant’s Legal Notice dated 26/09/2022 by the OPs have undoubtedly fallen under unfair trade practice. Complainant cannot wait indefinitely to get the physical possession of the flat in question. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.
In the result, the Complaint Petition is allowed on ex parte against the OPs with a following direction:
- OPs are directed to deliver the possession of the said flat along with Completion Certificate from the concerned authorities and to execute and register the Deed of Conveyance in favour of the Complainant after receiving the balance amount of consideration of Rs.6,93,200/- from the Complainant within 45 days from the date of passing this order.
- OP1is directed to pay an amount of Rs.10,000/- as litigation cost along with the compensation cost of Rs.25,000/- for causing harassment and mental agony to the Complainant within stipulated period.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
Copy of the Judgment be supplied to the parties as per rules
