Sri Ashoke Kumar Pal, President.
The crux of the instant complaint case in a nutshell is that with the intension to purchase a flat being flat No. “A-3” in the 3rd floor measuring super built-up area of about 1344 Sq.ft. consisting of three bed rooms, one kitchen-cum-dining space, one drawing room, two toilets, one verandah in the proposed building, morefully described in the Schedule of the agreement for sale dated 10.07.2013 at a valuable consideration amount of Rs. 25,53,600/-(Rupees twenty five lakh fifty three thousand six hundred only).As per terms of the agreement for sale dated 10.07.2013 a deed of conveyance dated 10.04.2014 has been executed and registered in favour of the complainant after payment of the entire consideration amount. The complainant received the delivery of possession of the flat without CC of the local municipality and in incomplete condition of the flat despite repeated requests by the complainant to the O.Ps. Except giving assurance by the O.Ps. to arrange for CC and to complete the incomplete works including arrangement for supply of municipality’s water, ultimately nothing was done by the O.Ps. Previously this complainant filed another CC Case being No. 87 of 2015 before the Hon’ble State Commission on 12.03.2015 wherein Ld. Commissioner Mr. K.S. Bhatia was appointed who submitted his report after inquiry which reveals that the O.Ps. made construction work violating the building plan in so many places. By Order dated 18.03.2019 the Hon’ble State Commission dismissed the case granting liberty to file the case afresh after removing the defects. Subsequently, as the pecuniary jurisdiction of the District Commission has been enhanced by way of amendment of the act, the complainant filed the instant case before this Commission. Despite repeated requests by the complainant as the O.Ps. did not complete the incomplete works and provide the CC, the complainant was compelled to file the instant case on the reliefs sought for in the petition of complaint.
The O.Ps. contested this case by filing W.V. contending that the claims of the claimant are all false. The specific case of the O.Ps. is that the relief of the complainant lies before the competent Civil Court and as the transaction was commercial in nature the instant case is not maintainable before this Commission. It was further contended that the instant case is barred by law of limitation. The complainant also filed the instant case directly before the Commission violating the specific order of the Hon’ble State Commission. Moreover, the instant case is also bad for non-joinder of financier Bank who is a necessary party to this case. It was also the contention of the O.Ps. that the building was constructed in accordance with the sanctioned building plan and there is neither any short coming nor any deficiency in service on the part of the O.Ps. The allegation of fraud cannot be adjudicated by this Commission. The O.Ps. also denied all the other allegations para wise and prayed for dismissal of this instant case.
POINTS OF CONSIDERATION :
From the petition of complaint as well as the W.V., the following points for consideration have been formulated for adjudication of this instant case.
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice ?
- Is the complainant entitled to get relief as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
On perusal of the case record along with the copies of documents it appears that the complainant purchased the flat being No. “A-3”, morefully described in the Schedule of the agreement for sale dated 10.07.2013 at a valuable consideration amount of Rs. 25,53,600/-(Rupees twenty five lakh fifty three thousand six hundred only) for which an agreement for sale dated 10.07.2013 and subsequently a deed of conveyance dated 10.04.2014 has been executed and registered by the O.Ps. in favour of the complainant along with delivery of possession.
Therefore, the complainant is a consumer as defined under Section 2(7) of the Consumer Protection Act, 2019.
As such Point No. 1 is decided in favour of the complainant and against the O.Ps.
Point No. 2 :
The complainant booked the scheduled flat being No. “A-3” and entered into an agreement on 10.07.2013 with the O.Ps. to that effect. Subsequently, as per terms of the said agreement a deed of conveyance dated 10.04.2014 was executed and registered by the O.Ps. in favour of the complainant along with delivery of possession taking the entire consideration amount of Rs. 25,53,600/-(Rupees twenty five lakh fifty three thousand six hundred only). Now the allegation of the complainant is that the O.Ps. neither provided him CC nor completed the incomplete works which were left out at the time of delivery of possession with assurance to complete these works very soon. Arrangement of municipal water supply was also not made. Now from the copy of the report of the Engineer Commissioner Mr. K.S. Bhatia, it appears that there are some short coming as well as incomplete works in the scheduled flat which are yet to be done by the O.Ps. to make the same properly habitable by the complainant. The CC has also not been provided to the complainant although registration of the deed of conveyance has already been made taking the full consideration amount by the O.Ps. from the complainant. Despite repeated demands the O.Ps. did not make good the same. Therefore, it is clear from the averments of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such the Point No. 2 is also decided in favour of the complainant and against the O.Ps.
Point No. 3:
The complainant booked the scheduled flat being No. “A-3”from the O.Ps. and entered into an agreement dated 10.07.2013 with the O.Ps. at a valuable consideration of Rs. 25,53,600/-(Rupees twenty five lakh fifty three thousand six hundred only). Subsequently, as per terms of the agreement dated 10.07.2013 the deed of conveyance dated 10.04.2014 has been executed and registered by the O.Ps. in favour of the complainant taking the entire consideration amount. But the fact remains that even after payment of the entire consideration amount and registration of the deed of conveyance, CC has not been provided to the complainant by the O.Ps. and so many incomplete works of the scheduled flat has not yet been done. The arrangement of the supply of municipality’s water, lift facility, car parking space etc are yet to be made to make the scheduled flat properly habitable.
The Hon’ble State Commission gave liberty to file this case afresh after removing the defects as the District Commission had no pecuniary jurisdiction at that point of time. Subsequently, by way of amendment of the act, the pecuniary jurisdiction of the District Commission has been enhanced and as such the instant case has been filed before the District Commission and the instant case is well maintainable before the Commission.
As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for. The complainant failed to get satisfactory service from the O.Ps. On the other hand the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
So, Point No. 3 is also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is
ORDERED
That the instant case be and the same is hereby allowed on contest 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 provide CC to the complainant and to complete the incomplete works in the scheduled flat being flat No. “A-3” as per terms of the agreement for sale dated 10.07.2013 as well as the deed of conveyance dated 10.04.2014 within 60 days from the date of passing this Order, i.d., the O.Ps. jointly and severally shall have to pay Rs. 1,000/- (Rupees one thousand only) per diem to the complainant after expiry of 60 days till the date of final compliance of the Order aforesaid.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund Rs. 25,53,600/-(Rupees twenty five lakh fifty three thousand six hundred only) along with simple interest @ 10% p.a. w.e.f. 10.07.2013 ( date of agreement for sale ) till the date of final realisation thereof within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and are also directed to pay compensation to the tune of Rs. 1,00,000/-(Rupees one lakh only) for deficiency in service, mental pain & agony and harassment suffered by the complainant within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and are also directed to pay the litigation cost of Rs. 25,000/-( Rupees twenty five thousand only) within 60 days from the date of passing this Order.
The complainant is at liberty to put the Order into execution after the expiry of 60 days in case the orders are not complied with by the O.Ps. within 60 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following websitewww.confonet.nic.in.
Dictated and currected by me.
President
