Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 27.07.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund Rs. 69,829/- incurred in registration of the agreement dated 16.06.2012 for purchase of the flat no. 201 with interest from date of registration of deed till final payment.
- To direct the opposite party no. 1 to pay interest on the advance amount of Rs. 7,00,000/- as per terms and conditions laid down in agreement dated 16.06.2012 for defaulting i.e. 2% compound interest because law is equal for all.
- To direct the opposite party no. 1 and /or the opposite party no. 3 to refund Rs. 2,52,129/- which is still in the office of the opposite party no. 3 due to defaulting of the opposite party no. 1, with penal interest @ 12% from the date of deposit uptill final payment to the complainant.
- To direct the opposite parties to pay Rs. 2,00,000/- as compensation.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that opposite party no. 1 entered in an agreement with the complainant to sale flat no. 201 with car parking space. The cost of which was fixed as Rs. 32,00,000/- only. The photocopy of the agreement has been annexed as annexure – 1. The aforesaid agreement was registered on 16.06.2012 before Sub – Registrar District Registry office, Patna. The cost of registration of the aforesaid agreement was paid by complainant which comes to about Rs. 65,000/-. As per agreement (annexure – 1) the opposite party has received Rs. 7,00,000/- and rest dues amount was to be received within four months. For paying the price of the aforesaid flat the opposite party no. 2 had sanctioned loan of Rs. 25,00,000/- as will appear from annexure – 2.
After the completion of all the formalities by the complainant as per annexure – 1 the complainant requested the opposite party no. 1 to do the rest formality i.e. registering the aforesaid flat no. 201 in favour of complainant but surprisingly opposite party refused to act as per terms of agreement in spite depositing Rs. 2,52,129/- for final registration with Sub – Registrar Office, Patna through challan as will appear from annexure – 3.
It is further case of the complainant that in spite of registration of the flat in question as per agreement containing annexure – 1, the opposite party no. 1 had refunded Rs. 7,00,000/- to the wife of the complainant without any notice to the complainant with whom the opposite party no. 1 had entered in the registered agreement vide annexure – 1.
It is further grievance of the complainant that opposite party has no right to unilaterally revoke the registered agreement dated 16.06.2012 ( annexure – 1) and this has caused mental agony and financial loss to the complainant.
From record it appears that name of the opposite party no. 3 has been deleted as per prayer of the complainant. From record it further transpires that as the Dusti Notice sent from the office of this forum through special messenger was refused by the opposite party then vide order dated 27.10.2014 valid tamila was declared and thereafter several opportunities were given to opposite party no. 1 to file written statement but the opposite party no. 1 did not choose to file written statement despite sufficient opportunity and hence opposite party no. 1 was debarred from filing written statement and this case was heard ex – parte.
As stated above the complainant has asserted entire fact on affidavit and there is no counter version of the opposite party hence we have no option but to rely on the statement of complainant made in this complaint petition which clearly disclose deficiency on the part of opposite party no. 1.
So far not acting as per terms and condition containing annexure – 1 by the opposite party no. 1 is concerned, we have got no jurisdiction to pass any order in this regard. However, it is admitted by the complainant that opposite party no. 1 has returned Rs. 7,00,000/- to the wife of the complainant.
Hence, we direct the opposite party no. 1 to pay Rs. 65,000/- ( Rs. Sixty Five Thousand only ) to the complainant which is the price of registration of annexure – 1 i.e. agreement for sale within the period of two months from the date of receipt of this order or certified copy of this order.
Opposite party no. 1 is further directed to pay Rs. 2,52,129/- ( Rs. Two Lac Fifty Two Thousand One Hundred twenty Nine only ) which is the cost of stamp etc. deposited by the complainant for final registration of flat within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 1 will pay 12% interest on the above mentioned amount of Rs. 65,000/- ( Rs. Sixty Five Thousand only ) and Rs. 2,52,129/- ( Rs. Two Lac Fifty Two Thousand One Hundred twenty Nine only ) till its final payment.
Opposite parties are further directed to pay Rs. 1,00,000/- ( Rs. One Lac only ) to the complainant by way of compensation and litigation costs within the aforesaid period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member (F) President
