Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainants in a nutshell is that with the intention to purchase a self-contained flat measuring about 650 Sq.ft. more fully described in schedule of the petition of complaint, the complainants entered into an agreement for sale on 15.09.2018, at a valuable consideration of Rs. 7,00,000/-(Rupees seven lakh) only. The complainants paid Rs. 5,20,000/-(Rupees five lakh twenty thousand) only by installments on different dates out of the total consideration amount of Rs. 7,00,000/-(Rupees seven lakh) only. The O.Ps. acknowledged the receipt of the same by issuing money receipts. It was agreed by and between the parties that the scheduled flat will be handed over to the complainants within 31.04.2019. But the O.Ps. failed to handover the possession of the said flat along with completion certificate of the local municipality within the period as mentioned in the agreement for sale dated 15.09.2018. The complainants several times verbally requested the O.Ps. to deliver the possession of the scheduled flat receiving the balance consideration amount of Rs. 1,80,000/-(Rupees one lakh eighty thousand) only and to execute and register a proper deed of conveyance in favour of the complainants in respect of the scheduled flat along with the completion certificate of the scheduled flat. As the O.Ps. did not pay any heed to the request of the complainants, a legal notice dated 07.04.2022 was sent to the O.Ps. through Advocate of the complainants. As the said legal notice was returned un-served, another legal notice dated 23.05.2022 was sent to the O.Ps. through the Advocate of the complainant asking the O.Ps. to handover the possession of the schedule flat and to execute and register a proper deed of conveyance in favour of the complainants in respect of the scheduled flat along with the completion certificate. But despite the receipt of legal notices, the O.Ps. failed to comply with the requirements of the same and hence, this complaint case has been filed on the reliefs sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case by filing W.V. As such, by Order No. 5 dated 30.11.2022 and Order No. 8 dated 20.03.2023 the instant complaint case was declared to be proceeded ex-parte against the O.P. Nos. 1 to 5.
Points for Decision :-
- Are the complainants consumers?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Are the complainants 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 complainants were willing to purchase a self-contained flat measuring about 650 Sq.ft. more fully described in schedule of the petition of complaint and the agreement for sale dated 15.09.2018 and the O.Ps. agreed to sell the same to the complainants. The complainants paid Rs. 5,20,000/-(Rupees five lakh twenty thousand) only by installments on different dates out of the total consideration amount of Rs. 7,00,000/-(Rupees seven lakh) only. Therefore, the complainants are consumers as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainants and against the O.Ps.
Point No. 2:-
The complainants booked a self-contained flat measuring about 650 Sq.ft. more fully described in schedule of the petition of complaint and the agreement for sale dated 15.09.2018. The complainants made payment of Rs. 5,20,000/-(Rupees five lakh twenty thousand) only on different dates out of the total consideration amount of Rs. 7,00,000/-(Rupees seven lakh) only and the O.Ps. acknowledged the receipts of the same. It was agreed by and between the parties that the O.Ps. shall hand over the delivery of possession of the scheduled flat to the complainants within 31.04.2019. But ultimately, the O.Ps. violated the terms and conditions of the agreement for sale dated 15.09.2018 and failed to deliver possession of the scheduled flat to the complainants by the scheduled time. Thereafter, the complainants requested the O.Ps. verbally as well as by sending legal notices dated 07.04.2022 and 23.05.2022 requesting the O.Ps. to deliver the peaceful possession of the scheduled flat in favour of the complainants and to execute and register a proper deed of conveyance receiving the balance consideration amount and also to handover the completion certificate of the said flat. But the O.Ps. did not pay any heed to the request of the complainants. Neither the delivery of possession of the scheduled flat along with completion certificate was given in favour of the complainants nor any deed of conveyance was executed and registered by the O.Ps. in respect of the scheduled flat in favour of the complainants. Therefore, it is clear from the averments of the complainants that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, Point No. 2 is also decided in favour of the complainants and against the O.Ps.
Point No. 3:-
The complainants purchased a self-contained flat from the O.Ps. and made payment of Rs. 5,20,000/-(Rupees five lakh twenty thousand) only for the same out of the total consideration amount of Rs. 7,00,000/-(Rupees seven lakh) only. It was agreed that the possession of the scheduled flat will be delivered by the O.Ps. to the complainants within 31.04.2019. But ultimately the O.Ps. violated the terms and conditions of the agreement for sale dated 15.09.2018 and failed to deliver the possession of the scheduled flat along with completion certificate of the said flat to the complainants within the scheduled time. The O.Ps. also failed to execute and register a proper deed of conveyance in favour of the complainants in respect of the scheduled flat. Ultimately, finding no other alternative, the complainants requested the O.Ps. verbally as well as through Advocate’s letter dated 07.04.2022 and 23.05.2022 requesting the O.Ps. to hand over the possession of the scheduled flat along with completion certificate and to execute and register a proper deed of conveyance in favour of the complainants. But the O.Ps. ultimately failed to comply with the requirement of the Advocate’s letter for which the complainants were compelled to file the present case on the reliefs as sought for in the petition of complaint. As such, there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.Ps. neither delivered the possession of the scheduled flat along with completion certificate nor executed and registered a proper deed of conveyance in respect of the scheduled flat in favour of the complainants receiving the balance consideration amount. The complainants failed to get service from the O.Ps. On the other hand, the complainants were harassed by the O.Ps. by various ways. Therefore, the complainants are entitled to get the relief as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainants and against the O.Ps.
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 O.Ps. with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps. are jointly and severally liable and are directed to deliver the scheduled flat measuring about 650 Sq.ft. along with completion certificate more fully described in schedule of the petition of complaint as well as the agreement for sale dated 15.09.2018 and to execute and register a proper deed of conveyance in respect of the same within 45 days from the date of passing this Order receiving the balance consideration amount from the complainants at the time of registration of the deed of conveyance.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs. 5,20,000/-(Rupees five lakh twenty thousand) only along with simple interest @12% p.a. w.e.f. 15.09.2018 (date of payment of first installment) till the date of final realization within 45 days from the date of passing this Order.
That the O.Ps. are jointly and severally liable and are also directed to pay compensation to the tune of Rs. 2,00,000/- (Rupees two lakh) only for mental pain and agony, deficiency in service, unfair trade practice and harassment suffered by the complainant within 45 days from the date of passing this Order.
That the O.Ps. are jointly and severally liable and are also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) to the complainants only within 45 days from the date of passing this Order.
That the complainants are at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 days from the date of passing this Order.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case. As such, he did not sign the Judgement and Order passed on this day.
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.
President
