Order-9.

Date-11/07/2016.

This is a case relating to unfair trade practice.

          The case of the Complainant, in short, is that he entered into an agreement for purchase of one residential unit with one bed room, dining space, toilet, kitchen and balcony having a total super built area of 417.5 sq.ft. being the flat no.5P/3/E on the 3^rd floor of the building together with undivided proportionate share of land and common portion  at the rate of Rs.1400 per sq.ft. at a price of Rs.5,84,500/-. The Complainant paid a sum of Rs.1,16,900/- to the OPs.2 and 3, the Developer and Constituted Attorney of the Vender vide agreement dated 11^th October, 2012.  Subsequently she also paid another instalment of the equal amount of Rs.1,16,900/- totalling Rs.2,33,800/- against consideration price of Rs.5,84,500/-. Complainant was always willing to pay the residual amount of the consideration price to the OPs, but in spite of lapse of three years, the OPs failed and neglected to hand over the flat to the complainant. Complainant also sent a legal notice dated 17-12-2015 upon the Vender and the Developer, but both the letters returned with remark .addressee moved.. Complainant on enquiry has come to know that the OPs1 and 2 are now continuing their business at and from P-25, CIT Road, Kolkata-700 014. Complainant apprehends that the OPs may sale out the said flat as describing in the Schedule – A of the petition of complaint to any Third Party at much higher price as the price of the said flat has increased after lapse of three years.

          OPs have neither appeared in this case nor filed any written version. The case has proceeded ex parte against the OPs.  

Points for Decision

Whether the complainant is entitled to get the relief as prayed for?

Decision with Reasons

We have perused the documents namely the Deed of Agreement, money receipts of payment etc. We find that the complainant entered into an agreement for purchase of a Schedule Property of the plaint at a price of Rs.5,84,500/- with OPs.2 and 3 on 11^th October, 2012. It also appears that the complainant paid a total amount of Rs.2,33,800/- against consideration price of Rs.5,84,500/-. It also appears that more than three years has elapsed but the OPs have failed and neglected to hand over the flat to the complainant. Complainant has also alleged that the OPs have fraudulent and dishonest intention to grab her money and they may sale out the said flat to any Third Party at much higher price because the price of the residential flat in the vicinity of her flat has increased.

          None came from the side of the OPs to contradict or controvert the case of the complainant. In absence of any contrary and controverting materials on record and having regard to the materials on record we think that the complainant is entitled to get the relief as prayed for. We are also inclined to hold that the OPs are guilty of practicing unfair trade upon the complainant.

          Hence,

Ordered

That the instant case be and the same is allowed ex parte against the O.Ps with cost of Rs.5,000/- each.

          OPs are directed to execute sale deed and register the same in favour of the complainant in respect of the flat as described in the schedule A of the complaint petition within 45 days from the date of this order on payment of balance amount by the complainant unto to OPs 2 and 3 and complainant is directed to pay the balance amount to OPs 2 and 3 on the date of registration.

          If OPs fail to execute the sale deed by registering it within the stipulated period in that case complainant shall have to file an application before this Forum for getting execution and registration of the sale deed by this Forum and for this purpose complainant shall have to bear all costs and service charges, execution and registration charges of the sale deed and also to pay the service charges for deputing officer on behalf of this Forum for execution and registration of the sale deed on behalf of the OPs.  If the OPs are not available to comply the order, the complainant is directed to deposit the balance amount to this Forum before the date of registration.

          OPs are directed to comply the order failing which OPs shall have to pay penal damages of Rs.3,000/- per month till final completion of the sale deed in respect of the case flat and that shall be deposited to this Forum.

          OPs are hereby directed to comply the order within stipulated period of time failing which the complainant will be at liberty to put the order into execution as mandated u/s.25 read with Section 27 of the C.P. Act.