Date – 23.11.2021
SRI SWADES RANJAN RAY
President
After receiving summon, Opposite Party appeared and prays for time for filing Written Version. Thereafter, Opposite Party took several times for filing Written Version and ultimately remained absent without any step and without filing Written Version. Hence, this complaint case is proceeded ex parte against the Opposite Party.
Facts of this case, in short, is that complainant entered into an agreement for sale with the Opposite Party on 22.09.2015 for one self contained residential flat being No. 3G on the 3rd floor, Block- 2B3 having super build up area of 735 sq. ft. with car parking space being No. C9, Block- 2B3 measuring 134.5 sq. ft. with total consideration money of ₹16,36,890/- (Rupees Sixteen lakh Thirty Six thousand Eight hundred and Ninety only). Before entered into the agreement Complainant already paid ₹2,88,378/- which includes ₹2,00,000/- towards application money and ₹88,378/- towards allotment money which was duly acknowledged by the Opposite Party. The name of the project is “Sanhita”.
Complainant made payment as per payment schedule of the agreement i.e.
Particulars | Time Schedule of Payment | Amount of Rs. |
1st Installment | During Execution of Sale Agreement | ₹2,88,378/- |
2nd Installment | On foundation | ₹1,58,608/- |
3rd Installment | On commencement of 2nd floor | ₹1,58,608/- |
4th Installment | On commencement of 4th floor | ₹1,58,608/- |
5th Installment | On commencement of 6th floor | ₹1,58,608/- |
6th Installment | On commencement of 7th floor | ₹1,58,608/- |
7th Installment | On receipt of possession notice | ₹72,094/- |
Total | ₹11,53,512/- |
One (1) Four Wheeler Parking |
Initial Installment | With 2nd Installment | ₹85,000/- |
Final Installment | On receipt of possession notice | ₹85,000/- |
Total | ₹1,70,000/- |
Corpus deposit (Mandatory) | On possession notice | ₹25,000/- |
| | | | |
As per payment schedule Complainant made payment of ₹15,14,677/- (Rupees Fifteen lakh Fourteen thousand Six hundred and Seventy Seven only) out of total consideration money i.e. 16,36,890/- and received the money receipt.
As per terms of the agreement for sake Opposite Party declared that construction will be completed within 36 months with a grace period of 6 months from the date of allotment subject to payment of total consideration money.
In spite of payment of ₹15,14,677/- Opposite Party did not complete the construction work and failed to hand over the possession of the said flat.
Hence, this complaint case,
Points for decision
- Whether complainants have any cause of action to file this case or not?
- Whether there is any deficiency of service on the part of Opposite Parties or not?
- Whether complainants will entitle to get any relief / reliefs as prayed for or not?
Decision with reason
All these points are taken up together for sake of convenience and brevity.
In support of this complaint case, Complainant filed evidence in the form of Affidavit-in-Chief along with annexures.
I have carefully perused the money receipts wherein I found that Complainant paid ₹15,14,677/- on different dates but Opposite Party failed to complete the construction work as per terms of the agreement.
Hence, Complainant has sufficient cause of action to file this case on the ground that in spite of payment of ₹15,14,677/-and also agreed to make payment of rest amount, Opposite Party failed to give the possession of the flat in question.
As Opposite Party failed to deliver of possession of flat in question after receiving money from the Complainant, hence, failure to deliver the possession of the flat in question is amount to deficiency of service as per Consumer Protection Act.
Hence, in my view, Complainants have sufficient cause of action to file this case and Complainant will entitle relief as prayed for.
All the points disposed accordingly.
In the result, this complaint case succeeds.
Court Fee paid correct.
Hence, it is
O R D E R E D
that the Complaint Case No. 129/2020 be and the same is allowed ex parte against the Opposite Party.
Opposite Party (Simoco Systems & Infrastructure Solutions Limited) is directed to hand over the possession of flat as per terms of the agreement dated 22.09.2015 within two (2) months from the date of this order. In default, Opposite Party is directed to return the consideration money of ₹15,14,677/- (Rupees Fifteen lakh Fourteen thousand Six hundred and Seventy Seven only) along with a interest @ 6% per annum from the date of agreement i.e. 22.09.2015 till the date of realization of entire decreetal amount.
Opposite Party is further directed to make payment of ₹20,000/- (Rupees Twenty Thousand only) for mental pain and agony and litigation cost of ₹15,000/- (Rupees Fifteen Thousand only) in favour of Complainant within 2 (Two) months from the date of this order.
Liberty given to the Complainant to file Execution Case for realization of the above mentioned amount, in case of failure to make payment by the Opposite Parties within schedule time.
Hence, this complaint case is disposed of accordingly.
Let a copy of this judgement be handed over to the Complainants at free of cost.
