Shri Ashoke Kumar Pal, Hon’ble President:-

The instant complaint case in short is that the complainant with intent to buy a flat along with car parking space being Flat No. IG, 1^st Floor, Block-3B 28, Satuli, P.S. – Kashipur, Bhagabanpur Gram Panchyat, District – South 24 Parganas more fully described in the agreement for sale dated 21.07.2015 executed by and between the parties.  The consideration amount was settled at Rs.17,74,890/- (Rupees Seventeen Lakhs Seventy Four Thousand Eight Hundred and Ninety) out of which the complainant paid Rs.8,79,689/- (Rupees Eight Lakhs Seventy Nine Thousand Six Hundred and Eighty Nine) to the OP as earnest money on different dates and the OP acknowledged the receipt of the same.  It was agreed upon that the delivery of possession of the scheduled flat along with car parking space will be made within 36 months with a grace period of 6 months from the date of allotment subject to payment of the total consideration amount.  As such, the OP was to deliver possession of the scheduled flat to the complainant by February, 2019.  The complainant paid a considerable amount taking loan from the Bank excepting 3 installments and the consideration amount for the car parking space, as the OP denied to hand over possession of the same to the complainant.  On various occasions the complainant requested the OP to hand over the possession of the said flat along with car parking space but the OP declined to do the same following the terms and conditions of the agreement for sale, on various pretext and pleas.  On 26.08.2021 the complainant sent a legal notice through his Ld. Lawyer to the OP requesting them to hand over the possession of the flat but the OP failed to comply with the requirement of the same.  Although on 05.11.2021, the OP replied the legal notice of the complainant but no positive response was received by the complainant from the OP.  Although the complainant paid a considerable amount out of the total consideration amount of the scheduled flat the OP failed to deliver the possession of the scheduled flat to the complainant within the stipulated period in terms of the agreement for sale which prompted the complainant to file the instant complaint case on the relief as sought for in the petition of complaint.

The OP despite receipt of the notice did not come forward to contest the case and as such the instant case was declared to be heard ex-parte by Order No.5 Dated 15.09.2023 and the same was accordingly heard ex-parte.

Points for consideration :-

1. Is the complainant a consumer?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decisions with reasons :-

Point No.1 :-

On perusal of the case record along with copies of documents, it appears that the complainant was willing to purchase a flat along with car parking space as described in the agreement for sale dated 21.07.2015. The complainant paid Rs.8,79,689/- out of the total consideration amount paid Rs.17,74,890/- on different dates and the OP acknowledged the receipt of the Same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.

As such, Point No.1 is decided in favour of the complainant and against the OP.

Points No.2 & 3 :-

Both the Points No.2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.

The complainant booked the scheduled flat along with car parking space more fully described in the schedule of the agreement for sale dated 21.07.2015 from the OP and made payment of Rs.8,79,689/- out of the total consideration amount of Rs.17,74,890/-.  It was agreed upon that the delivery of possession of the said flat along with car parking space will be made within 36 months with a grace period of 6 months from the date of allotment subject to payment of total consideration amount. But the OP failed to comply with the terms and conditions of the agreement for sale dated 21.07.2015 and could not deliver possession of the scheduled flat along with car parking space to the complainant.  Ultimately the complainant sent a legal notice on 26.08.2021 through his Ld. Advocate to the OP.  On 05.11.2021 the OP replied to the legal notice.  But no positive response was given in respect of delivery of possession of scheduled flat.  It appears that the complainant failed to get service from the OP.  On the other hand, the complainant was harassed by the OP by various ways.  Therefore, it is clear from the averments of the complainant that the OP is guilty of deficiency in service and unfair trade practice.  As such, the complainant is entitled to get the reliefs as prayed for.

Thus the Points 2 & 3 are 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 refund Rs.8,79,689/- (Rupees Eight Lakhs Seventy Nine Thousand Six Hundred and Eighty Nine) only along with simple  interest @9% per annum w.e.f. the respective dates of payments of installments made by the complainant till the date of final realization  thereof within 30 days from the date of passing this order.

The OP is also liable and is directed to pay compensation of Rs.2,00,000/- (Rupees Two Lakhs) only for mental pain, agony and harassment caused to the complainant,  within 30 days from the date of passing this order.

The OP is further liable and is directed to pay the litigation cost of Rs. 20,000/- (Rupees Twenty Thousand) only within 30 days from the date of passing this order.

Let a copy of this 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.