A developer’s failure to provide agreed amenities—such as parking spaces—and acts of harassment that interfere with the peaceful possession of a purchaser constitute 'deficiency in service' under Section 2(1)(g) of the Consumer Protection Act, 1986.

JUDGMENT

1. The present Complaint has been filed by the Complainant under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Commission, South-West District, alleging deficiency of service and unfair trade practice by the Opposite Parties. The District Commission returned the Complaint of the Complainant vide order dated 06.07.2018, citing the reason that the District Commission does not have the pecuniary jurisdiction to try the present matter, wherein the Complainant has alleged deficiency in service and has prayed for the following reliefs:

“a. Pass a direction u/S. 13 (3b) for injunction in favor of the Complainant and against the opposite parties thereby restraining the opposite parties, its official, agents, attorney, representatives, employees and servants from interfering in any manner whatsoever, in the peaceful possession, and occupation of the flat i.e. Flat No. B-2 & B-3, First Floor, House No. F-201/3, Khasra No. 1151/3 Ward No. 2, Mehrauli, New Delhi-110030 and also restrained the opposite parties no.1 to 4 to enter in the flat as well as to sell the flat to someone by making forged and fabricated document.

b. Restrained the opposite parties to construct any flat at ground area as it was reserved for parking space for all flats.

c. Restrained the defendant to create any hindrance which creates any hurdle in accesses the roof right of Complainant.

d. Award cost of the present proceedings to the Complainant.

e. Direct the opposite parties to execute the necessary document regarding the ownership in the favor of the complainant.

f. Direct the opposite parties no. 1 to 3 to complete the furnishing work in the aforesaid flat.

g. Award compensation of Rs. 15,00,000 in favour of the Complainant for mental and physical harassment.

h. Pass any other or further order(s) as the Hon'ble Court may deem fit and proper in the fact and circumstances of the case in favor of the Complainant and against the opposite parties.”

2. Brief facts necessary for the adjudication of the present Complaint are that the Opposite Party No. 4 is the owner of Land bearing no. F-201/3, Ward No. 2, Khesra no. 1151/3 Mehrauli measuring 170 sq.m. The Opposite Parties No. 1 to 3 agreed to develop and construct the said property into several flats on several floors. The Complainant and the Opposite Parties No. 1 to 3 entered in to an Agreement to sell and purchase on 30.10.2015 for a Flat No. B-2 & B-3, First Floor, House No. F/201/3, Khesra No. 1151/3 Ward No. 2, Mehrauli, New Delhi-110030 for a total consideration of Rs. 24,00,000/- (Rupees Twenty-Four Lakhs Only). The Flat bearing no. B-2 on the first floor, had an area measuring 600 sq. ft., while the Flat bearing no. B-3 on the first floor, had an area of 400 sq. ft. The Agreement also included a common parking area for two-wheelers. The Complainant continued to make payments while the Opposite Parties became willing to add basic facilities in the Agreement in question on 14.02.2016. The Opposite Parties No. 1 to 3 were scheduled to hand over the possession of the Flat to the Complainant till January, 2016. The Opposite Parties No. 1 to 3 agreed to hand over the possession to the Complainant on 25.03.2016, which would be subject to the payment of the balance amount. Upon shifting to the Flat in question, the Complainant requested the Opposite Parties No. 1 to 3 to execute the required documents regarding the