Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in short is that the complainants booked a self contained residential 2BHK flat measuring about 417 Sq. ft. covered area in the 1st Floor, South-East side, vide Application Number 4129 dated 26.10.2016 in the Project of “Ushasi Prince Town Platinum”, New Town, Bonomalipur, P.O. – Hatishala, P.S.-KLC, District-South 24 Parganas and paid Rs. 90,000/-(Rupees ninety thousand) only by two different Cheques being Cheque No. 300991 dated 29.10.2016 amounting to Rs. 40,000/- (Rupees forty thousand only) and the another Cheque No. 000011 of HDFC Bank dated 16.11.2017 amounting to Rs. 50,000/- (Rupees fifty thousand only) respectively. On 25.08.2020 the complainants sent a request letter to the O.Ps. to return the aforesaid advance amount as they did not full fill the terms and conditions and did not start any development work. But the O.Ps. did not pay any heed thereof. Accordingly, on 30.09.2020 the complainants sent a legal notice to the O.Ps. requesting them to return back the advance amount of Rs. 90,000/-(Rupees ninety thousand) only. The O.Ps. after receiving the legal notice replied the same by saying that the flat will be handed over within 2020. But the O.Ps. ultimately failed to deliver the scheduled flat to the complainants for which the complainants again on 23.08.2021 sent another legal notice through their Ld. Advocate to the O.Ps. requesting them to execute and register a proper deed of conveyance. The O.Ps. received the said legal notice but ultimately they paid no heed thereof and did not execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants nor returned back the advance amount of Rs. 90,000/- (Rupees ninety thousand) only to the complainants which prompted the complainants to file the instant complaint case on the reliefs sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case by filing W.V. and as such the instant complaint case was declared to be proceeded ex-parte against all the O.Ps. by Order No. 10 dated 29.08.2022 and accordingly the instant case was heard ex-parte.
Points for Decision :-
- Are the complainants, consumers?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get relief as prayed for?
Decision with Reasons :-
Point No.1:
On perusal of the case record along with copies of documents, it appears that the complainants were willing to purchase the scheduled flat and the O.Ps. agreed to sell the same to the complainants being Application Number 4129 dated 26.10.2016. The complainants also paid Rs. 90,000/- (Rupees ninety thousand) only by two different Cheques being Cheque No. 300991 dated 29.10.2016 amounting to Rs. 40,000/- (Rupees forty thousand only) and the another Cheque No. 000011 of HDFC Bank dated 16.11.2017 amounting to Rs. 50,000/- (Rupees fifty thousand only) respectively and the O.Ps. acknowledged the receipt of the same by issuing money receipts. Therefore, the complainants are consumers as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainants and against the O.Ps.
Point No. 2:
The complainants booked the scheduled flat by filing an Application being Number 4129 dated 26.10.2016 and paid advance amount of Rs. 90,000/-(Rupees ninety thousand) only by two different Cheques being Cheque No. 300991 dated 29.10.2016 amounting to Rs. 40,000/- (Rupees forty thousand only) and the another Cheque No. 000011 of HDFC Bank dated 16.11.2017 amounting to Rs. 50,000/- (Rupees fifty thousand only) respectively and the O.Ps. acknowledged the receipt of the same by issuing money receipts from which it appears that both the payments have been properly made. Despite repeated requests by the complainants, the O.Ps. failed to deliver the peaceful vacant possession of the scheduled flat and also did not execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants. The O.Ps. also did not return back the advance amount of Rs. 90,000/-(Rupees ninety thousand) only with interest to the complainants incompliance with the legal notice sent by the complainants. Therefore, it is clear from the averments of the complainants that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, Point No. 2 is also decided in favour of the complainants and against the O.Ps.
Point No. 3 :
The complainants booked the scheduled flat by Application Number 4129 dated 26.10.2016 in the Project of “Ushasi Prince Town Platinum”, New Town, Bonomalipur, P.O. – Hatishala, P.S.-KLC, District-South 24 Parganas and paid advance amount of Rs. 90,000/-(Rupees ninety thousand) only by two different Cheques being Cheque No. 300991 dated 29.10.2016 amounting to Rs. 40,000/- (Rupees forty thousand only) and the another Cheque No. 000011 of HDFC Bank dated 16.11.2017 amounting to Rs. 50,000/- (Rupees fifty thousand only) respectively. But the O.Ps. violated the terms and conditions and did not start any development work. The complainants sent two Advocate’s letters dated 30.09.2020 and 23.08.2021 requesting the O.Ps. to return back the advance amount of Rs. 90,000/-(Rupees ninety thousand) only with interest or handover the peaceful vacant possession of the scheduled flat and to execute and register a proper deed of conveyance in favour of the complainants. But the O.Ps. did not comply with the legal notice and did not pay any heed to the request of the complainants. The complainants failed to get any service from the O.Ps. On the other hand, the complainants were harassed by the O.Ps. by various ways. Therefore, the complainants are entitled to get the reliefs as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainants and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed ex-parte against the O.Ps. with cost of Rs. 15,000/- (Rupees fifteen thousand) only.
The O.Ps. are jointly and/or severally liable and are directed to execute and register a proper deed of conveyance in respect of the scheduled flat in favour of the complainants within 45 days from the date of passing this Order receiving the balance consideration amount from the complainants.
Alternatively, the O.Ps. are jointly and/or severally liable and are directed to return back the advance amount of Rs. 90,000/-(Rupees ninety thousand) only to the complainants with simple interest @12% p.a. with effect from 29.10.2016 (date of payment of first installment) till the date of final realization thereof, within 45 days from the date of passing this Order.
That the O.Ps. are jointly and/or severally liable and are also directed to pay compensation to the tune of Rs. 30,000/- (Rupees thirty thousand) only for mental pain and agony, deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainants, within 45 days from the date of passing this Order.
That the O.Ps. are jointly and/or severally liable and are also directed to pay litigation cost of Rs. 15,000/- (Rupees fifteen thousand) only within 45 days from the date of passing this Order.
That the complainants are at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 days from the date of passing this Order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
