Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.03.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 15,000/- ( Rs. Fifteen Thousand only ) for compensation for filing the case.
- To direct the opposite party to pay Rs. 2,00,000/- ( Rs. Two Lacs only ) for mental agony, harassment.
- To direct the opposite party to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) for pecuniary loss due to non providing of required amenities.
- To direct the opposite party to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) for harassing attitude.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that the opposite party is secretary of the Shekhar Vihar Sahkari Grih Nirman Samittee Ltd. and has developed a multi storied apartment namely neelam Palace situated in Mohalla Khoja Imli, Phulwarisharif, Patna over the land bearing Tauzi no. 5190, Khata no. 735, S. Plot no. 722 opposite party no. 1 has constructed altogether 18 flats over the aforesaid flats out of which 11 flat have been sold in favour of different persons including the complainant for residential purpose.
It has been further stated that the opposite party had agreed to sell the residential flat no. 204 on 2nd floor of aforesaid Neelam palace having its super builtup area 1404 Sq. Ft. with one car parking space on basement along with all amenities fitting fixtures including generator and lift etc. and opposite party executed a deed of absolute sale on 05.03.2012 as will appear from annexure – 2.
After executing the deed of absolute sale vide annexure – 2 opposite party gave possession of the aforesaid flat no. 204 to the complainant with assurance that all the facilities and amenities mentioned in annexure – 2 will be completed and provided to the every flat owner very soon. The complainant after being fully assured by opposite party with regard to enmities and facilities referred above accepted the possession of aforesaid flat no. 204.
The grievance of the complainant is that despite executing deed of absolute sale vide annexure – 2 and multiple assurance to the complainant by opposite he is shirking from providing all amenities such as electric connection, lift facility, finishing of stairs, generator etc. and instead of providing the aforesaid facilities as per annexure – 2, the opposite party is deliberately avoiding to provide that on one pertext or other.
The other grievance of the complainant is that opposite party has developed the aforesaid apartment namely Neelam palace in two parts with different purpose, first floor of the apartment has been allotted to some other person for commercial use and while doing so the opposite party had assured the complainant and other flat owners that entrance of the residential and commercial occupant will be separated soon but the same has also not been dome.
It is needless to say that all unfinishedwork and amenities not provided by the opposite party to the complainant has been mentioned in detail in Para – 7 of complaint petition which are not being reproduced here for the sake of brevity.
The complainant has further asserted that despite repeated request to opposite party for providing all amenities assured by him, the opposite party is providing the same on one pertext or other despite receiving of full amount at the time of executing annexure – 2. Annexure – 3 series are money receipts granted by opposite party while annexure – 4 series are letter of allotment and chart of mode of payment.
It appears from the record that despite filing the vakalatnama on behalf of opposite party no written statement has been filed despite providing several opportunities for this and as such this case has been heard ex – parte.
The aforesaid facts stated by the complainant on oath has been substantiated by annexure – 2, 3 series and 4 series. These facts have not been denied by opposite parties. In our opinion the petition discloses serious deficiency on the part of opposite party.
For the reason stated above we direct the opposite party to complete the unfinished work of flat no. 204 of Neelam Palace referred above as per annexure – 2 i.e. deed of absolute sale within the period of three months from the date of receipt of this order or certified copy of this order.
Opposite party is further directed to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of three months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
