Sri Ashoke Kumar Pal, President
Stripped off unnecessary details, the case of the complainant in short is that the complainant entered into an agreement with the OP on 3rd July, 2002 to purchase a shop room which has been more fully described in the schedule of the petition of complaint as well as agreement for sale dated 03.07.2002 at a total consideration of Rs.1,20,000/- for which the complainant paid Rs.70,000/- as the earnest money to the OP as part payment. It was agreed by and between the parties that the balance amount will be paid by the complainant to the OP at the time of registration of the Deed of Conveyance. But the OP failed and neglected to execute and register the Sale Deed in respect of the scheduled shop room in favour of the complainant and to deliver peaceful possession thereof. An Advocate’s letter was also sent to the OP but no fruitful result was achieved despite repeated requests. As the OP failed and neglected to comply with the requirement of the legal notice and did not execute and register a proper Deed of Conveyance in respect of the scheduled shop room in favour of the complainant and to deliver peaceful possession thereof the instant complaint case has been filed on the reliefs as sought for in the petition of complaint.
The OP did not come forward to contest the case by filing W/V and as such by order No.6 Dated 07.02.2023 the instant case proceed ex-parte against the OP.
Points for Decision :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- 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 the scheduled shop room more fully described in the schedule of the petition of complaint as well as agreement for sale dated 03.07.2002 and the OP agreed to sell the same to the complainant for which the agreement for sale dated 03.07.2002 has been made by and between the parties. The complainant paid Rs.70,000/- only as part payment of the consideration amount. Therefore, the complainant is a consumer as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OP.
Point No:2 :
The complainant booked the scheduled shop room and entered into an agreement dated 03.07.2022 with the OP to that effect. The complainant also made payment of Rs.70,000/- towards the part payment of the consideration amount of Rs.1,20,000/- and the OP acknowledged the receipt of the same. The OP despite repeated requests by the complainant and the legal notice did not deliver peaceful possession of the scheduled shop room and also did not execute and register a proper Deed of Conveyance in respect of the scheduled shop room in favour of the complainant despite payment of the considerable amount by the complainant. The OP failed and neglected to deliver peaceful possession of the scheduled shop room and to execute and register proper Deed of conveyance in respect of the scheduled shop room in favour of the complainant as per terms of the agreement dated 03.07.2002. The complainant having no other alternative sent an Advocate’s letter to the OP. But no fruitful result was achieved. Therefore it is clear from the averment of the complainant that the OP is 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 OP.
Point No.03 :-
The complainant booked the scheduled shop room from the OP and made payment of the considerable amount of Rs.70,000/- out of the total consideration amount of Rs.1,20,000/- and entered into an agreement dated 03.07.2002. But the OP violated the terms and conditions of the agreement dated 03.07.2002. Neither the OP delivered peaceful possession of the scheduled shop room nor executed and registered a proper Deed of Conveyance in respect of the scheduled shop room in favour of the complainant, in terms of the agreement dated 03.07.200. The OP also did not refund the amount of Rs.70,000/- with interest which he received from the complainant as per terms of the agreement dated 03.07.2002 with interest thereon. Therefore as the complaint did not get any positive reply from the OP, she has been compelled to file the present case against the OP on the relief as sought for in the petition of complainant.
As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the OP did not hand over the physical possession of the scheduled shop room and also did not execute and register a proper Deed of Conveyance in terms of the agreement dated 03.07.2002. The complainant failed to get service from the OPs. On the other hand, the complainant was harassed by the OP by various ways. Therefore the complainant is entitled to get the relief as prayed for.
Thus the Point No.3 is also decided in favour of the complainant and against the OP.
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 OP with cost of Rs.20,000/- (Rupees twenty thousand) only.
The OP is liable and is directed to deliver peaceful possession of the scheduled shop room as described in the scheduled of the agreement dated 03.07.2002 and to execute and register a proper Deed of Conveyance in respect of the scheduled shop room in favour of the complainant receiving the balance consideration amount at the time of registration, within 45 days from the date of passing this order.
Alternatively, the OP is liable and is directed to refund the entire amount of Rs.70,000/- (Rupees seventy thousand) only along with @12% simple interest p.a. w.e.f. 03.07.2002 (Date of Agreement for Sale) till the date of final realization within 45 days from the date of passing this order.
That the OP is liable and is also directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty thousand) only for mental pain and agony, deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainant, within 45 days from the date of passing this order.
That the OP is liable and s also directed to pay litigation cost of Rs.20,000/- (Rupees twenty five thousand) to the complainant 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 OP 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.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
