Sri Ashoke Kumar Pal, Hon’ble President:-
Stripped of unnecessary details the case of the complainants in short is that the complainants with intent to purchase a flat along with one covered car parking space more fully described in the agreement for sale dated 23.02.2021 executed by and between the parties. The consideration amount was settled at Rs. 32,54,175/- and the complainants paid Rs. 5,00,000/- out of the total consideration amount on different dates by installments and the O.Ps. acknowledged the receipt of the same by issuing money receipts. The O.Ps. promised to deliver the said flat along with one covered car parking space to the complainants within 31.12.2022. The complainants waited up to 31.12.2022 but as the possession of the said flat along with one covered car parking space was not delivered to the complainants, they visited the project site and found no progress of the construction work of the said project which was virtually abandoned. Despite payment of the considerable amount the O.Ps. failed and declined to hand over the possession of the said flat along with one covered car parking space inspite of repeated requests of the complainants on various occasions. The request of the complainants to refund the earnest money of Rs. 5,00,000/- was also turned down by the O.Ps. which prompted the complainants to file the instant complaint case on the relief as 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, by Order No. 5 dated 03.04.2024 the instant complaint case was heard ex-parte against the O.Ps.
Points for consideration :-
- 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?
Decisions 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 a flat along with one covered car parking space as described in the agreement for sale dated 23.02.2021. The complainants paid Rs. 5,00,000/- out of the total consideration amount of Rs. 32,54,175/- on different dates and the O.Ps. acknowledged the receipt of the same. 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 Nos. 2 & 3 :-
Both the Point Nos. 2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainants booked the scheduled flat along with one covered car parking space more fully described in the schedule of the agreement for sale dated 23.02.2021 and made payment of Rs. 5,00,000/- out of the total consideration amount of Rs. 32,54,175/-. It was agreed upon that the delivery of possession of the said flat along with one covered car parking space will be made within 31.12.2022. But the O.Ps. failed and neglected to comply with the terms and conditions of the agreement for sale and could not deliver possession of the scheduled flat along with one covered car parking space to the complainants within the stipulated time despite repeated requests by the complainants. The O.Ps. also turned down the request of the complainants to refund the earnest money of Rs. 5,00,000/-.
The fact remains that the O.Ps. failed to give delivery of possession of the scheduled flat along with one covered car parking space to the complainants incompliance with the terms and conditions of the agreement for sale dated 23.02.2022. It appears that the complainants failed to get service from the O.Ps. On the other hand, the complainants were harassed by the O.Ps. by various ways. 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, the complainants are entitled to get the reliefs as prayed for.
Thus the Point Nos. 2 & 3 are 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 against the O.P. Nos. 1 and 2 with cost of Rs. 20,000/- (Rupees Twenty Thousand) only.
The O.Ps. are jointly and severally liable and are directed to refund Rs. 5,00,000/- (Rupees five lakhs) only along with simple interest @9% per annum w.e.f. the respective dates of payments of installments made by the complainants till the date of final realization thereof within 30 days from the date of passing this order.
The O.Ps. are jointly and severally liable and are directed to pay compensation of Rs. 2,00,000/- (Rupees Two Lakhs) only for mental pain, agony and harassment caused to the complainants, within 30 days from the date of passing this order.
The O.Ps. are jointly and severally liable and are directed to pay the litigation cost of Rs. 20,000/- (Rupees Twenty Thousand) only within 30 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:
President
