Hon’ble Mr. Ajeya Matilal, Presiding Member

          The Ld. Advocate for the complainant is present. He filed BNA. The case is running ex parte against the OP. Complainant files BNA.  

          This is a case u/s 17 of the C.P. Act valued at Rs. 40,00,000/-. The OP no. 1 is the developer and the OP no. 2 is the landowner.

          The fact of the case is in short like that on 31.01.2017 the OP no. 2 landowner entered into a development agreement with the developer being the OP no. 1 in respect of ‘Ka’ schedule property mentioned in the agreement for sale dt. 31.01.2017. The copy of the same is at page 39 of the complaint.

          The complainant was in search for a residential accommodation for himself and his family members and he came to know from the OP no. 1 that he was going to construct a multi storied building at the premises of the OP no. 2. So, the complainant approached the OP no. 1 and the OP no. 1 also agreed to sale the flat in a habitable condition. On 04.02.2017 the OP no. 1 entered into an agreement for sale to sell out on self contained residential flat for consideration of Rs. 30,00,000/- for purchasing a flat mentioned in the agreement for sale dt. 04.02.2017. The copy of the same is at page 55 of the complaint.  It was agreed upon that the OP shall deliver possession of the flat within 01.12.2018 on payment of the balance consideration amount of Rs. 6,00,000/-. In terms of the agreement the complainant paid Rs. 24,00,000/- to the OP no. 1 through cheques on different dates which would reveal from page 9 /10 of the agreement for sale.

In spite of that the OP no. 1 did not deliver the possession of the flat within the stipulated period. So, the complainant served legal notice upon the OPs on 17.06.2019 which are found at page 73, 74 of the complaint. So, the complainant filed this case stating that cause of action arose on 04.02.2017 and continued till 17.06.2019.

The OPs did not contest the case. Although they appeared but did not file any W.V.

The complainant adduced his evidence by way of affidavit. As the case was running ex parte so the OP did not challenge the same by cross examination.

We have already discussed that the complainant paid Rs. 24,00,000/- as per agreement for sale, the contents of the development agreement were also discussed. In spite of receiving of the said notice the OPs did not comply with the same.

So, it appears that as the complainant paid part consideration money so he is a consumer and the OPs did not fulfil their contractual obligations. There was cause of action for the case. There is also deficiency of service on the part of the Opposite Parties.

So, the complainant is entitled to relief as prayed for.

Hence it is ordered

          The complaint case being no. 590/2019 is allowed ex parte against the OPs with a litigation cost of Rs. 20,000/-. The OP no. 1 is directed to complete the construction work of the flat mentioned in the schedule of the complaint and deliver the same to the complainant on payment of balance consideration amount of Rs. 6,00,000/- and execute and register a deed of conveyance in respect of the schedule property  and supply the completion certificate to the complainant within 60 days from this date along with compensation of Rs. 3,00,000/- payable by the OP no. 1 to the complainant, failing which , the complainant will be at liberty to put the order into execution. If the compensation is not paid within the stipulated period, it shall carry interest @9% p.a. from that date till realisation of the entire amount.

          Let a copy of this order be supplied to the complainant.