P.R.MANSUKHANI vs COMFORT HOMES

IN this complaint, the complainant sought the following reliefs: "Wherefore, the complainant prays that this Hon''ble Court may be pleased to pass judgment and order: (a) Directing the respondents to complete the service amenities as promised; (b) Order the respondents to refund the excess amounts collected towards power, water, diesel engine, and registration; (c) Award compensation of Rs. 1,00,000/- towards mental agony suffered by the complainant; (d) Award interest at the rate of 21% from 1.3.1982 on the amount of Rs. 2,24,085/- collected by the respondents from the complainant till further date pending completion of all the service amenities; (e) To direct the respondents to transfer and execute the sale deed and registered the same with reference to complainant''s right of l/35th undivided share in the composite property bearing Municipal No. 68/26 and 69/26, 9th Main Road, Rajmahal Vilas Extension, Bangalore-560006; Or in the alternative appoint a Commissioner of the Court for the purpose of execution of the sale deed and for registration; (f) To grant such other and further relief/ reliefs as this Hon''ble Court may deem fit in the facts and circumstances of the case including an order as to the costs."

AT this stage of hearing on 15.12.1994, the learned Counsel for the complainant submitted that he would not press for the reliefs sought for at prayer Columns (a), (b), (c) and (f) and submitted that he sought only the relief at prayer Column (e). The opp. parties are builders. The opp. parties allotted a flat Apartment No. D on Fourth Floor of Rajamahal Apartments together with 1/35th undivided share in the land in terms of agreement executed by the opp. parties for a valuable consideration of Rs. 2,24,085/-.

The complainant averred several aspects in the complaint as to how the construction was delayed and several amenities required to be provided.

THE complainant also averred that he paid even escalation charges, stamp duty and registration fees to the opp. parties; but the opp. parties failed to get the sale deed executed and registered in favour of the complainant. It is also evident from the averments in the complaint that the complainant obtained delivery of possession of the flat even without certain essential amenities which was subsequently secured by making efforts and payment of additional sums.

AS referred above, at this stage, the complainant sought only the relief as claimed at Column (e) in the prayer column. The opp. parties filed their version and admitted virtually all the allegations made by the complainant. The opp. parties averred that the delay in the construction and delivery of possession was only due to a litigation instituted by some neighbour in the High Court. The opp. parties as far as the payments of the sums as pleaded by the complainant regarding the stamp duty, registration fee etc. have admitted in their version. Para 15 of their version reads as under: "15. It is true that ultimately the respondents could obtain permanent electricity connection in June, 1986 and that the complainant had to pay extra amount demanded by the respondents was without justification is absolutely false."

THE opp. parties after filed their version remained absent. THEy were placed ex-parte. During enquiry the complainant filed the affidavit of the complainant and got documents Exs. C.1 and C.2 marked in evidence. Ex. C.1 is the agreement, Ex.C.2 is the letter written by Opp. Party No. 2. THE Managing Partner dated 145.1991 agreeing to get the registration and other con- nected formalities completed.

AS referred above, the complainant has sought only the relief of getting the sale deed executed and registered with reference to his right of 1 /35th undivided share in the composite property. The complainant has averred in his complaint that he had already made payments of sums towards stamp duty and registration fee etc. to the opp. parties. The complainant filed the affidavit and has averred in this regard thus: "I state that I purchased the apartment bearing No. 4-D in Rajmahal Apartments, details of which are fully explained in the schedule given to the complaint for a valuable consideration from Mrs. Lata M. Jagtiani in terms of an agreement dated 14th January, 1987. The said agreement has been ratified by the respondents and have also expressed their no objection for the transfer. The Agreement is marked as C-1. That the Annexures C-2 & C-3 are the agreements and affidavit executed in favour of the allottee. Annexures C-4 & C-5 are the receipts of payments. Annex.-C6 dated 14.5.1991 is the letter of the respondents promising registration. I state that I have paid all the amounts due to the respondents including the entire price of sale consideration, stamp duty and registration charges. Inspite of receiving all the payments, the respondents have not registered and conveyed the title of the property in my favour and hence the aforesaid complaint."

The opp. parties have not disputed this fact that they had received the money towards the stamp duty and registration fees from the complainant and they had not executed the necessary deeds in favour of the complainant.

THE opp. parties in their letter dated 14.5.1991, Ex. C.2 have stated thus: "Further to the discussion we had at the Flat Owners'' meeting held on 28th April, 1991, we are pleased to inform you that Registration and other connected formalities, as specified at page 2, will be taken up immediately."

This would clearly go to show that the opp. parties are yet to execute the necessary documents in favour of the complainant even though they had received monies from the complainant for the said purpose. It is clear that this is a deficiency in service on the part of the opp. parties and it is due to the negligence of the opp. parties only. Having regard to these facts and in the circumstances of the case, we hold and direct that the opp. parties have to transfer and execute the sale deed and get it registered in respect of the complainant''s right of l/35th undivided share in the composite property.

IN the result, therefore, this complaint is allowed. The opp. parties are directed to transfer and execute the sale deed and get it registered in respect of the complainant''s 1/35th undivided share in the composite property bearing Municipal No. 68/26 and 69/26, 9th Main Road, Rajmahal Vilas Extension, Bangalore, within a period of 90 days from this day. The opp. parties shall pay a sum of Rs. 1,500/- to the complainant towards costs in this proc Complaint allowed with costs.