IMPORTANT POINT
Flat Buyer’s Agreement – Complainants are not bound to accept delivery of possession of flat beyond stipulated period.

ORDER

Samiksha Bhattacharya, Member—The instant case has been filed by the complainants u/s 17 (1) (a) (i) of C. P. Act, 1986 against the OPs alleging deficiency in service.

2. Facts of the case is, in brief, are that the complainants, in search of a flat for their residential purpose entered into an agreement for sale with the OPs on 11.12.2014 for purchasing a flat being No.4B situated at South Eastern side of fourth floor of the proposed building i.e. premises No.344/9, Netaji Subhas Chandra Bose Road, P.S. Jadavpur, Kolkata – 700047 (hereinafter referred to as ‘said flat’) alongwith a single exclusive covered car parking space on the left side of the entrance of the building at the ground floor of the same premises for a total consideration of Rs.60,00,000/-. It is to be mentioned here that OP No.1 is developing firm represented by its Director, OP No.2 and OPs no. 3 to 6 are landowners. Believing on the words of the OP No.2 the complainants agreed to purchase the said flat and opted for standard instalment plan as enumerated in the Sixth Schedule of the Agreement for Sale. As per agreement for sale the complainants paid an amount of Rs.12,00,000/- through cheque on 11.12.2014. After execution of agreement for sale the complainants found that the OPs no.1 & 2 although promised to allot the said car parking space exclusively, but cleverly avoided to record the same in the said agreement. It was written in the agreement as “one covered car parking space of the ground floor of the proposed building”. Immediately the complainants called upon the OP no.2 and he assured to provide as per promise. Till date the complainants have paid Rs.46,21,500/- on different dates towards the part payment of the said flat and car parking space in question. It was agreed upon that within 24 months from the date of sanction of the building plan from the KMC the owners and developer would make the flat habitable. But the OPs did not show any interest to deliver the said flat within stipulated time period. With the passage of time the complainants started realising the malafide intentions of the OPs which was reflected from the email dated 10.12.2014. The complainants were informed by OP No.2 that the plan of the building was sanctioned on 18.05.2015 vide building permit no.201500016. Therefore, upon expiry of 17.05.2017 the complainants enquired about the status of the flat and when they did not hear anything about the project, they visited the proposed site. They found that the said flat is under construction and that is far from the plan of the flat they agreed to. Immediately, the complainants raised objection to such deviation of the agreed plan whereby the OP No.2 claimed that such deviation is as per requirement of the plan sanctioning authority but could not produce any document in support of his claim. During their visit to proposed building site the complainants found the said flat has been constructed with much deviation of the agreed plan and specification which they immediately objected. Further, at the proposed place of the covered car parking space to be allotted in favour of the complainants at the ground floor, the OPs have constructed a flat without informing the complainants. The alternative car parking space has been allotted to the complainants on the other side i.e. on the right side of the entrance of the building and the space is insufficient and not fully covered for the car of the complainants. The complainants have alleged that if their car be parked then it would block entrance passage and other flat owners objected verbally for the same. Under such circumstances, the complainants have no reason to accept the said flat and car parking space and the complainants vide their various communications confirmed their cancellation and requested to refund their paid amount. Finding no other alternative, the complainants vide their letter dated 06.04.2018 cancelled the booking of the flat and car parking space and requested the O