A district consumer disputes redressal commission in West Bengal has ordered a real estate developer to immediately grant a homebuyer possession of two designated parking bays and pay Rs 40,000 in monetary compensation and legal expenses after failing to provide the facilities following the flat sale.
Ex Parte Decision
The ruling came after the developer failed to submit a written response within the statutory timeframe, prompting the bench, comprising Commission President Sandip Kumar Manna and Member Reyazuddin Khan, to hear the matter ex parte. Following a review of the transaction documents and the complainant’s affidavit, the panel concluded that the builder engaged in unfair trade practices, gross negligence, and deficiency in service by withholding the designated parking areas.
Details of the Dispute
According to the complaint, the buyer purchased a residential flat for a total consideration of Rs 22,30,000. Prior to executing and registering the official sale deed, the developer had entered into a written agreement promising two ground-floor parking slots as part of the transaction: an 18-square-foot space for a two-wheeler and a 70-square-foot space for a four-wheeler.
Although the homebuyer was granted physical possession of the flat, the builder failed to deliver either of the agreed parking spots. Subsequent inquiries and a formal legal notice issued by the buyer yielded no response, prompting the consumer to approach the commission for redressal.
Commission Directives and Financial Relief
Directing the developer to rectify the default, the commission instructed the firm to deliver physical possession of both ground-floor parking spaces in strict accordance with the dimensions and specifications set out in the approved building plan and Schedule-II of the sale deed.
In addition to handing over the property, the bench ordered the builder to pay Rs 30,000 as compensation for harassment, mental agony, and unfair trade conduct, alongside Rs 10,000 to cover the complainant’s litigation costs. The commission noted that homebuyers should not have to endure financial or temporal losses due to a developer’s negligence in fulfilling contractual obligations.
