A consumer forum here has asked a real-estate firm to get a flat registered in the name of a man after it wrongfully refused to do so and also pay a compensation of Rs 2 lakh to him.
The New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, asked Express Projects Pvt Ltd to get the flat registered in the name of Gagan Kumar Sawhney.
In his complaint, Sawhney had said that the flat was earlier allotted to another person, Major Vinod Kumar Tiwari, who later transferred it to Sawhney after informing the firm and completing the formalities.
However, the firm refused to proceed with the registration of the flat, while citing non-payment of 'double stamp duty' as it claimed that the procedure was 'sale over sale', it added.
In its order, the forum said that "the firm had only entered into an agreement to sell, i.E. Buyer-builder agreement and this does not amount to sale, as the building was still under construction."
"The Opposite Party 1 (firm) simply transferred rights of OP-2 (Tiwari) to complainant (Sawhney) with all obligations.
"In these circumstances, complainant cannot be asked to pay anything more and it is a clear case of deficiency, if OP-1 has not proceeded with registration of flat in favour of complainant," the forum said.
While holding the firm guilty of deficiency in service, the forum directed it to get the flat registered in the name of Sawhney.
It also asked the firm to bear the additional stamp duty, if it had escalated in the meantime, and "pay Rs 2 lakh as compensation to complainant for the deficiency including litigation expenses."
According to the complaint, Tiwari had booked a plot with the firm and entered into an agreement with it for sale of the flat in 2004.
Later, Tiwari requested the firm to transfer the flat to Sawhney and became free of all liabilities after endorsement of the transfer was made.
In 2006, Sawhney got a notice from the firm about some outstanding charges against the flat, for increased area of flat etc., which was payable by allottee in terms of the agreement and also intimated the charges for registration of the flat in the name of complainant.
Despite all outstanding payments having been made by Sawhney, the firm refused to proceed with registration of the flat by sending him a notice regarding non-payment of double stamp duty. Aggrieved by this, Sawhney filed a complaint with the forum.
