This case has been filed u/s 35 of the Consumer Protection Act, 2019 by the Complainant alleging deficiency in service on the part of the Opposite parties.
The case of the Complainant in brief is that the Complainant entered into an agreement for sale with the Opposite Party-developer (Reni Group) on 01.03.2013 for purchasing a flat to be developed by the said Opposite Party. As per agreement, the total consideration amount of the flat was decided @ Rs 3,000/- (Three thousand) only per square feet totaling Rs. 23,88,000/- (Twenty-three lakhs eighty-eight thousand) only out of which Rs. 18,44,000/- (Eighteen lakhs forty-four thousand) only was paid by the Complainant on different dates in the year 2013. It is further stated in the petition of complaint that the rest amount of Rs. 5,44,000/- (Five lakhs forty-four thousand) only was adjusted with Rs.10,34,000/- (Ten lakhs thirty-four thousand) only which was paid to M/s Nayeli construction, the same group of companies by the Complainant for booking of two flats on 10.05.2017 as the said flats have not been handed over to him. It is further stated in the petition of complaint that this aforesaid adjustment was done by the Opposite Parties without giving any written information to the Complainant. It is stated by the Complainant that Opposite Parties failed to complete and to hand over the said flat to the Complainant within a period of 20 (twenty) months as per terms of agreement dated 01.03.2013. The proposed date of hand over the flat was 30.10.2014, but the Complainant got actual possession of the said flat on 20.05.2017 after a lapse of more than two years from the scheduled date of possession. The Opposite Parties handed over the possession letter on 16.03.2018 . Thereafter, the Complainant on several occasions requested the Opposite Parties to register his flat in favour of him but till date the Opposite Parties did not pay any heed to it. Finding no other alternatives the Complainant files this case praying for a direction upon the Opposite Parties to register his flat, to pay a sum of Rs. 5,00,000/- (Five lakhs) only as compensation and to pay a sum of Rs. 1,00,000/- (One lakh) only as cost of litigation.
Notice has duly been served upon the Opposite Parties. Inspite of service of notices, the opposite parties are not appeared in this case. Hence the case was proceeded ex parte against all the Opposite Parties vide order no. 6 dated 15.09.2022.
To prove his case, the Complainant adduced evidence along with documents on affidavit as written hereunder.
- Original Agreement for Sale marked as exhibit-1
- Statement of Account marked as exhibit-2
- Letter dated 16.03.2018 sent by Opposite Parties marked as exhibit-3
Decisions with reasons:-
From exhibit-2 it appears that the Complainant paid a sum of Rs 18,44,000/- (Eighteen lakhs forty-four thousand) only to the Opposite Party-developer (Reni Group) between the period from 01.03.2013 to 31.05.2013 and he paid Rs. 6,84.000/- (Six lakhs eighty-four thousand) only and Rs. 3,50,000/- (Three lakhs fifty thousand) only to the Nayeli Construction on 16.07.2013. It appears from exhibit-1 that Opposite Party agreed to deliver the possession of the flat within a period of twenty months from the date of execution of agreement. It further appears from exhibit-1 that Opposite Party agreed to execute and register the deed of conveyance in favour of the Complainant. The exhibit-3 proves that the Opposite Party delivered the possession of the flat to the Complainant and sent a possession letter on 16.03.2018. It further appears that after handing over the possession of the said flat, the Opposite Party-developer did not take any initiative to register the deed of conveyance of the said flat in favour of the Complainant and failed to comply with the agreed terms and conditions of the agreement for sale that amounts to deficiency in service on the part of the Opposite Parties.
The Complainant has been able to prove his case by his unchallenged and unrebutted testimony
In the result the petition of complaint succeeds.
Hence, it is,
Ordered
that the Complaint Case being no. CC 458/2021 is allowed ex parte against the Opposite Parties with cost.
Opposite Parties are directed to execute and register the deed of conveyance in favour of the Complainant within 45 days from this date of order.
Opposite Parties are further directed to pay Rs. 50,000/- (Fifty thousand) only as compensation and Rs.20,000/- (Twenty thousand) only as litigation cost to the Complainant within 45 days failing which the entire amount shall carry interest @ 12% per annum till the date of actual payment.
Dictated and corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
