The facts of the complainant are in a nutshell is that complainants are the bona fide consumer, under the opposite party under the meaning and provision of Consumer Protection Act, 1986.
The opposite parties are the constituted Attorney holder of the owners in respect of land and property situated at premises No. 124, Rajendra Avenue, Po+ PS Uttarpara Dist- Hooghly viz Sri Rabi Sankar Ghosh and Sri Shile Sankar Ghosh, both are the sons of Sri Amal Krishna Ghosh both residing at 2/8 (Hall No. 14), Rajendra Avenue PO+PS Uttarpara Dist- Hooghly and by virtue of a development agreement and a Registered Power of Attorney executed by the aforesaid owners in favour of the opposite parties on 13th June, 2013. The complainant states that the opposite parties being the Developer/Promoter became entitled to construct a multistoried building and also entitled to construct a multistoried building thereon and also entitled to book.
The opposite parties, being the Developer of the said building approached the Complainants, as intending the Purchasers with a proposal to purchase a self-contained residential flat, being No. 101, measuring about 636 Sq. Ft. including 20% super built up area, to be situated in the 1st floor of the said building, lying and situated at premises No. 124, Rahendra Avenue, P.O. & P.S. – Uttarpara, Dist- Hooghly.
The complainant after inspecting the documents like Development Agreement and Power of Attorney, accepted the proposal of the Opposite Parties and agreed to purchase a self-contained residential flat being no. 101, measuring about 636 Sq. Ft. including 20% super built up area, in the First Floor, situated at Premises No. 124, Rajendra Avenue, , P.O. & P.S. – Uttarpara, Dist- Hooghly, at an agreed consideration amount of Rs. 9,54,000.00 (Rupees Nine Lakhs Fifty Four Thousand) only @ Rs. 1,500,00 (Rupees One Thousand Five Hundred) only per Sq. Ft. basis along with an extra amount of Es. 46,000.00 (Rupees Forty six Thousand) only for extra work in the said flat totaling to Rs. 10,00,000.00 Rupees Ten Lakhs) only and accordingly an Agreement of Sale dt. 26.11.2014, duly notarized before the Notary Public at Hooghly and the same has been executed by and between the Opposite Parties and the Complainants and prior to execution of the said agreement, the Complainants have already paid the entire consideration amount which has been duly acknowledged and admitted by the Opposite Parties in the said Agreement for Sale.
It is pertinent to mention in this connection that as some work was unfinished in the said flat so, the Opposite Parties assured the Complainants to get the said work finished and thereafter deliver possession of the said flat within 18 months from the date of execution of the said Agreement for sale and also undertook to execute and register a necessary Deed of Conveyance in favour of the Complainants, but in spite of lapse of a period 3f years from the date of execution of the said Agreement of Sale, the Opposite Parties on some pretext or another neglecting and avoiding to give possession of the schedule mentioned flat and the Opposite Parties are also not executing and registering the Deed of Conveyance in favour of the Complainants to transfer the said flat in favour of the complainants. As such, on 15.11.2017, when the complainants personally visited the opposite parties and requested to deliver the possession and to execute a Deed of Conveyance in favour of the complainants but this time the opposite parties went out of way and bluntly refused the complainants and even threatened with dire consequences, as such, finding no other alternatives, the complainants through his Ld. Advocate Sudha Sharma, sent a notice to the opposite parties on 23/11/2017 asking the opposite parties to deliver the possession of the schedule mentioned flat and also to execute necessary Deed of Conveyance in favour of the complainants.
In spite of the receipt of the said notice, the opposite parties failed or neglected to either deliver the possession of the scheduled mentioned flat or execute necessary Deed of Conveyance in favour of the complainants in respect of the schedule mentioned flat. The opposite parties are trying to cheat and defraud the complainants but have also misappropriated the hard earned money of the complainants and the opposite parties are guilty of deliberate negligence, gross violation of contract and deficiency of services.
The opposite parties have no regard for law not even bothered to even return the consideration amount given by the complainants. The complainant is so much frustrated by the illegal acts and forceful conducts of the opposite parties that they left with no other alternatives but to take shelter of this Ld. Forum.
It is revealed that the opposite parties are guilty of gross negligence, deficiency of services as well unfair trade practice within the meaning, scope and extent of Consumer Protection Act, 1986. Complainants have suffered tremendously mental agony, pain, harassment due to the irresponsible activities, gross negligence, deficiency in service and unfair trade practice on the part of the opposite parties and as such the opposite parties are liable to pay compensation charges to the tune of Rs. 8,00,000/- (Rupees Eight Lakhs) only and Rs. 50,000/- (Rupees Fifty Thousand) only for litigation cost.
Decisions with reasons
The case of the complainants in short is that the complaints being the intending purchasers entered into an Agreement for sale with the opposite parties who are the Developers/Promoters. In spite of stipulated period as prescribed in the said Agreement for sale, the opposite parties deliberately and willfully and neglected to deliver. The possession of the said flat in favour of the complainants.
As per version of the complainant after inspecting the documents, the complainant accepted the proposal of the opposite parties and agreed to take a flat being no. 101, measuring about 636 Sq. Ft. including 20% super built up area, in the First Floor, situated at Premises No. 124, Rajendra Avenue, , P.O. & P.S. – Uttarpara, Dist- Hooghly, in agreed consideration amount of Rs. 9,54,000/- and Rs. 46,000/- only for extra work in the said flat totaling to Rs. 10,00,000/- and accordingly an agreement for sale dt. 26.11.2014 duly notarized before the Notary Public and the complainants have already paid the entire consideration amount which has been acknowledged by and admitted by the opposite parties.
The complainants state that they have paid the total consideration money to the opposite parties and which has been acknowledged and admitted by the opposite parties. The complainants also stated that they requested the opposite parties to register the deed of conveyance in favour of the complainants but the opposite parties did not pay any heed to the request of the complainants and the opposite parties deliberately avoid the same. Finding no other alternatives, the complainants filed this case before the Ld. Forum for relief.
So, it is clear that the complainants have paid the total consideration money on different dates. The complaint-petition is supported by affidavit and has been able to prove their case that they have paid the consideration amount to the opposite parties.
Notice to the opposite parties in the instant case, served upon the opposite parties but instead of receiving notice the opposite parties did not appear. So, proceeding runs ex parte against the opposite parties. In this connection to prove the case, some documents have been filed by the complainants, Agreement for sale dt. 26/11/2014. Money receipts. Advocate’s notices all are original and Aadhar Card of Kalyan Kr. Ghosh and Sayanti Ghosh (Xerox). Postal receipts and A/O Card (original).
The discussion made herein above we have no hesitation to come to a conclusion that the complainants abled to prove the Deficiency of service of the opposite parties and entitled to get relief as prayed for.
Hence,
It is
Ordered
that the complainant case being no. 124/2018 be and the same is allowed ex parte against the opposite parties with a litigation cost of Rs. 6000/- to be paid by the opposite parties to the complainants.
The opposite parties are directed to execute the sale deed of conveyance in respect of the case properly in favour of the complainant alternatively directing the opposite parties to return back the consideration amount of Rs. 10.00.000/- only with 12% interest per annum.
The opposite parties are further directed to pay Rs. 20,000/- for mental agony, pain and harassment due to irresponsible act and activities and gross negligence to the complainant at the instance of opposite parties.
The above directions will be complied with within 45 days from the date of passing this order.
At the event of failure to comply with the order, the opposite parties shall pay cost @ Rs. 50/- for each day’s delay, if caused on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let a plain copy of this order be supplied free of cost to their ld. Advocate/ Agent on record by hand under proper acknowledgement sent by ordinary post for information and necessary actions.
Dictated and corrected by me.
