J U D G E M E N T
Filtering out the unnecessary details in the complaint, the complainant’s case may be summarized thus :-
In summarizing the case stated in the complaint, is that, the Complainant entered into an ‘Agreement for Sale’ on 17.12.2012, with the Opposite Party for purchasing a self contained residential flat, being Flat No. 9, on the 2nd floor, at South-East side, presently situated at 245 G.T. Road (formerly 279/B, G.T.Road), Ward No. 15, under Uttarpara Kotrung Municipality, P.O. & P.S. Uttarpara, Dist. Hoogly, for a total consideration amount of Rs. 19,60,000/- only. The Complainant claimed to have paid a sum of Rs. 6,00,000/- only, on different dates, to the Opposite Party and always ready and willing to pay the rest of Rs. 13,60,000/- only at the time of delivering the possession of the said flat as per the terms and conditions of the said ‘Agreement for Sale’ dated 17.12.2012 and the Opposite Party were agreed to deliver the possession of the same within 3 months from the date of the said ‘Agreement for Sale’ dated 17.12.2012.
But the Opposite Party failed to hand over the actual vacant possession of the said flat to the Complainant and also never executed and registered the ‘Sale Deed’ in respect of the said flat in favour of the Complainant, in spite of several requests made by the Complainant, what amounts to deficiency and negligent manner of service on the part of the Opposite Parties for which the Complainant has asked for delivery of possession of the said flat and execution and registration of the ‘Sale Deed’ in respect of the same or alternatively to get refund of the said paid amount of Rs. 6,00,000/- only along with 10% interest as adequate redressal as prayed for.
Despite proper service of the notice to the Opposite Party, the concerned Opposite Party never appeared before the Forum to contest the case nor had he filed any ‘Written Version’ on his behalf or through any Ld. Advocate/Representative. Thus the Opposite Party has relinquished his scope to refute the case. So, the instant case has been heard ex-parte against the Opposite Party.
Points for Determination
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the Complainant is that in spite of making the part payment of consideration amount and readiness to pay the rest, the Opposite Parties never executed and registered the Deed of Conveyance and also did never hand over the possession of the said flat to the Complainant.
On overall evaluation of the argument by the Complainant in person and on critical appreciation of the material on record, it is evident that an Agreement for Sale was executed by and between the Complainant and the Opposite Party on 17.12.2012, for purchasing a self contained residential flat, being Flat No. 9, on the 2nd floor, at South-East side, presently situated at 245 G.T. Road (formerly 279/B, G.T.Road), Ward No. 15, under Uttarpara Kotrung Municipality, P.O. & P.S. Uttarpara, Dist. Hoogly, for a total consideration amount of Rs. 19,60,000/- only.
The record reveals from the photocopies of the documents filed by the Complainant that the Complainant had paid the part payment of Rs. 6,00,000/- only out of the total consideration amount to the Opposite Party. Moreover, the Complainant specifically expressed his readiness and willingness to pay the rest amount of consideration money to the Opposite Party.
Manifestly, it is revealed from the record that after receiving such part payment from the Complainant the Opposite Party failed to hand over the actual vacant possession of the said flat to the Complainant and also never executed and registered the ‘Sale Deed’ in respect of the said flat in favour of the Complainant though the Opposite Party was obliged to do the same within 3 months from the date of the said ‘Agreement for Sale’ dated 17.12.2012.
The Complainant has also admitted that the part payment of consideration amount of Rs. 13,60,000/- only is still due towards the Opposite Party which the Complainant is ready and willing to pay at the time of the delivering the possession of the said flat.
The Complainant has claimed to request the Opposite Party severally for delivering the possession of the said flat and also for executing and registering the Deed of Conveyance of the same in favour of him which was miserably failed to do by the Opposite Party which is still obligatory on the part of the Opposite Party to the same and the Complainant shall have to pay the rest amount of Rs. 13,60,000/- only as balance consideration amount.
Moreover, all the allegations made by the Complainant are unchallenged, though the Opposite Parties got enough chance to contest the case and to refute it by appearing before the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the bonafide Consumer/Complainant.
Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for determination are decided in affirmative.
In short, the Complainant deserves success.
In the result, we proceed to pass
O R D E R
That the case be and the same is allowed ex-parte against the Opposite Party with cost of Rs. 5,000/- only payable by the Opposite Party within one month from the date of this ‘Order’.
That the Complainant is directed to deposit the balance consideration amount of Rs. 13,60,000/- only, to the head of the ‘President’, DCDRF, Dist. Hoogly at Chinsurah, within one month from the date of this ‘Order’ which shall be disbursed to the Opposite Party after delivery of the actual possession and the execution and registration of the said Deed of Conveyance in respect of the said flat in favour of the Complainant.
That the Opposite Party is directed to hand over the actual vacant possession of the said flat to the Complainant within one month from the date of this ‘Order’.
That the Opposite Party is further directed to execute and register the Deed of Conveyance in respect of the said flat in favour of the Complainant within one month and fifteen days from the date of this ‘Order’.
OR
That the Opposite Party is further directed to refund the entire paid amount of Rs. 6,00,000/- only by the Complainant along with 10% interest p.a. from the date of last payment i.e. from 22.01.2013 till its full realization to the Complainant within one month from the date of this ‘Order’.
In the event of non compliance of any portion of the ‘Order’ by the Opposite Part within a period of one month from the date of this order, the defaulting Opposite Party shall have to pay a sum of Rs. 300/- per day, from the date of this order till the full realization of this ‘Order’, out of which the 50% of such total amount shall be payable by the Opposite Party to the Complainant and the rest 50% amount shall be paid and deposited by such Opposite Party to the State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
