Order no. 8

             The case of the complainant in brief is that the complainant entered into an agreement with o.ps. for purchasing a flat measuring about 547.61 sq.ft. super built up area at a consideration price of Rs.17,75,000/-. On or about 28.12.17 o.ps. executed and registered the deed of conveyance in respect of the said flat in favour of the complainant without delivering the possession of the said flat to the complainant. The o.p. no.2 gave an undertaking that he would provide the possession of the flat in question within one month and the developer also gave an undertaking that he would pay Rs.10,000/- to the complainant as rent of the said flat. On believing the undertaking by o.p.  developer the complainant paid the entire consideration money and the deed of conveyance was executed and registered. Subsequently the complainant found that in spite of the expiry of the period of one month from the date of execution and registration of the deed of conveyance in respect of the said flat in favour of the complainant, the flat in question was not given possession, for which the complainant made various representation including sending of a lawyer’s notice asking the o.p. no.2 to provide the possession of the flat in question and since o.p. no.2 failed to provide the same the complainant filed this case praying for direction upon the o.ps. for providing the possession of the flat in question as well as compensation and litigation cost.

            In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

          The complainant in order to prove the case filed evidence on affidavit whereby she stated that the complainant entered into an agreement with o.ps. for purchasing a flat measuring about 547.61 sq.ft. super built up area at a consideration price of Rs.17,75,000/-. On or about 28.12.17 o.ps. executed and registered the deed of conveyance in respect of the said flat in favour of the complainant without delivering the possession of the said flat to the complainant. The o.p. no.2 gave an undertaking that he would provide the possession of the flat in question within one month and the developer also gave an undertaking that he would pay Rs.10,000/- to the complainant as rent of the said flat. On believing the undertaking by o.p.  developer the complainant paid the entire consideration money and the deed of conveyance was executed and registered. Subsequently the complainant found that in spite of the expiry of the period of one month from the date of execution and registration of the deed of conveyance in respect of the said flat in favour of the complainant, the flat in question was not given possession, for which the complainant made various representation including sending of a lawyer’s notice asking the o.p. no.2 to provide the possession of the flat in question and since o.p. no.2 failed to provide the same the complainant filed this case. The complainant has also filed the documents including the undertaking given by o.p. no.2 in support of her contention. Having regard to the facts and circumstances of the case we hold that o.ps. made collision with each other and deprived the complainant from enjoyment of the peaceful possession of the flat in question in spite of payment of the entire consideration money as well as deed of conveyance in respect of the said flat was executed in her favour. The evidence adduced by the complainant has remained unchallenged; therefore we have no other alternative but to accept the contention of the complainant. In view of the said fact we hold that there is gross deficiency in service as well as unfair trade practice on the part of o.ps. and the complainant will be entitled to get the relief.    Thus the case is disposed of accordingly.

            Hence, ordered,

           That the CC No.263/2018 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to provide the possession of the flat in question in favour of the complainant and the o.p. no.1 is directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only and the o.p. no.2 is directed to pay compensation of Rs.1,00,000/- (Rupees one lakh) only to the complainant for harassment and mental agony and the o.ps. are jointly and/or severally directed to pay litigation cost of Rs.10,000/- (Rupees ten thousand) only to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.