Man pays Rs 22 lakh for flat, doesn’t get ‘promised’ parking space, wins Rs 40,000

Case

The complainant stated that he had purchased a flat for a total consideration of Rs 22,30,000. It was stated that before execution and registration of the sale deed, the builder had entered into a written agreement promising one parking space each for a two-wheeler and a four-wheeler as part of the transaction.

The buyer alleged that although possession of the flat was handed over, the builder failed to provide either of the promised parking spaces. It was stated that despite repeated requests and a legal notice, the developer neither handed over the parking areas nor responded to the notice, forcing him to approach the consumer commission alleging deficiency in service and unfair trade practice.

The commission noted that the opposite party failed to file its written version within the statutory period, following which the matter proceeded ex parte. After examining the documents and the complainant’s affidavit, it found that the builder had not delivered possession of the agreed parking spaces.

“Though, the execution and registration of the said flat in question was done but the possession for parking spaces have not been given to the complainant,” it said.

Holding the builder liable for unfair trade practice and gross negligence, the commission remarked that the complainant should not suffer any loss of money or time because of the opposite party.

“In view of the above facts, it is observed that, it is unfortunate that OP has miserably failed to perform his responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OP. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service is observed,” the commission noted.

The commission, therefore, directed the builder to hand over possession of the parking space on the ground floor, in accordance with the sale deed and approved plan. It also ordered the builder to pay Rs 30,000 as compensation for harassment, mental agony and unfair trade practice, along with Rs 10,000 towards litigation costs.

Takeaway

Failure to deliver agreed amenities after receiving full payment amounts to deficiency in service and an unfair trade practice, entitling homebuyers to seek possession of the promised facilities as well as compensation for harassment and litigation costs.

Consumers facing similar grievances may contact the consumer helpline in their respective states (West Bengal: 033–2252–0448) or dial the National Consumer Helpline at 1915 for assistance.