Hon’ble Mrs. Soma Bhattacharjee, Member

The complainants Titun Kumar Pobi and another have lodged the CC/697/2017 against OPs 1 to 28 who are the owners in respect of the land upon which the scheduled flat was to be constructed, OP no. 29  the developer and seller of the property is represented by its Chairman OP no. 30. The value of the case is Rs. 75,10,518/-.

In a nutshell the case is as follows: The complainants were in search of a residential flat for which they entered into an agreement with the OPs as above and the details of the flat are given in schedule B. The land upon which the process of developing a cluster of residential buildings as above, has been described in schedule A. The car parking is described in schedule C.

The OPs 29 and 30 issued the allotment letter to the complainants on 24.01.2013 after which agreement dt. 30.01.2013 was signed. The consideration amount of Rs. 62,24,418/-. On 25.01.2013 along with the allotment letter, the OP nos. 29 and 30 issued to the complainants a schedule of payments to be made by the complainants for purchasing the B schedule flat. However, the OPs have twice issued to the complainants revised payment schedule, one dt. 17.01.2014 and another dt. 01.06.2015. As per clause 9.5 of the agreement OPs were to deliver the possession of the flat within 30.09.2015. However, the OPs never mentioned any clause of Force Majeure at any point of time in their agreement.

On receipt of notice the OPs filed their W.V. The complainant and OPs both have filed evidences on affidavit. These were challenged by the other side. The defense case is that the delay in construction was not due to the negligence of the OPs but due to delay in sanction of building plan and other licences which were to be obtained by the developers. The developers have argued that there was a clause of cancellation in the written agreement. However, although there was delay in handing over of the flat to the complainants, the complainants did not take any steps to cancel the agreement.

Heard the argument of both sides. Considered. It seems that the complainants are consumers as per provision of C.P. Act, 1986. The OPs have defaulted in delivery of property within due time in spite of receiving part consideration from the complainants. The letter of possession was handed over on 28.02.2017 when it was agreed to deliver the possession within 30.09.2015. It is clear that the OPs were negligent in their duties.

The CC/697/2017 succeeds on contest.

It is ordered that the Opposite Parties are directed to register the flat and car park in terms of schedule B and C after balance consideration of Rs. 12,52,235/- is paid by complainants to the developers, OP nos. 29 & 30.  

Opposite Party nos. 29 & 30 are jointly and severally directed to pay a litigation cost of Rs. 20,000/- to the complainants and they will also handover completion certificate to the complainants.

The Opposite Party nos. 29 and 30 will jointly and severally pay a compensation of Rs. 2,00,000/- to the complainants for harassment and mental agony.

 This order is to be complied within 60 days from the date of pronouncement failing which the complainants will be at liberty to put this order into execution.

CC/697/2017 is hereby disposed of accordingly.

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