Sri Ashoke Kumar Pal, President
Stripped off unnecessary details the case of the complainant in sort is that on 26.06.2006, the complainant applied for booking one shop room at the premises of “Happy Valley” Baruipur, P.S. – Baruipur, South 24 Parganas and paid Rs.3,00,000/- (Rupees three lakhs) to the OP No.1. thereafter, the complainant along with his wife visited the office of the OPs several times to know about the progress of the construction work. But even after full and final payment made by the complainant, the OPs despite commitment failed to hand over the possession of the said shop room nor executed and registered a proper deed of conveyance in favour of the complainant. On 01.02.2010 while the complainant along with his wife visited the office of the OPs to know about the progress of work, the OPs disclosed that they are unable to confirm any plot of land for any shop room and as such unable to hand over the possession of any shop room to the complainant, instead they would refund the entire amount paid by the complainant. On the same date, i.e., on 01.02.2010 at the request of the OPs, the complainant submitted a surrender form along with original agreement, money receipt, acknowledgement slip, photo copy of voter card etc. to start the refund process. On 17.04.2012, the complainant visited the office of the OPs to know about the progress of the refund process but did not get anything except some verbal assurances to start the refund process very soon. Ultimately, the OP w.e.f. 07.05.2012 started refunding by installments and till 24.05.2016 refunded Rs.61,000/- (Rupees sixty one thousand) on different dates to the complainant and Rs.2,39,000/- (Rupees two lakhs thirty nine thousand) was yet to be paid for which the complainant on 06.08.2016 sent a legal notice to the OPs demanding Rs.2,39,000/- (Rupees two lakhs thirty nine thousand) with bank interest. The OP No.2 received the said notice on 09.08.2019 but failed and neglected to refund the amount of Rs.2,39,000/- (Rupees two lakhs thirty nine thousand) and bank interest to the complainant and hence this case.
The OPs contested the case by filing W/V contending inter-allia that the case of the complainant is false. It was contended by the OPs that the case of the complainant is not maintainable as there is no cause of action to file the present case. The OPs also denied the other material averments of the petition of complaint para-wise and prayed for dismissal of this case. Lastly, the OPs admitted the case of the complainant and agreed to pay back the Principal amount in 5/6 instalments.
Points for consideration:-
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with Reasons :-
Point No. 1 :- On perusal of the case record along with documents, it appears that the complainant intends to purchase a shop room at “Happy Valley” at Baruipur, South 24 Parganas, Baruipur from the OPs and paid Rs.3,00,000/- (Rupees three lakhs) to them on 26.06.2006 while applied for booking the said shop room. The OPs issued money receipt acknowledging the payment of the same by the complainant (Annexure ‘A’). Therefore, the complainant is a consumer as defined in Section 2 (7) of the Consumer Protection Act, 2019. As such, Point No.1 is decided in favour of the complainant and against the Opposite Parties.
Point No.2 :- The complainant booked the shop room for purchasing the same from the OPs and paid Rs.3,00,000/- (Rupees three lakhs) to them on 26.06.2006 while applied for booking the same. The OPs acknowledged the receipt of the same by issuing money receipt to the complainant (Annexure ’A’). The complainant filed copy of money receipt along with petition of complainant from which it appears that the payment has been properly made by the complainant. On the other hand, despite the payment of full consideration amount by the complainant the OPs failed and neglected to hand over the shop room and to execute and register a proper deed of conveyance. The complainant finding no other alternative demanded the OPs to refund the amount of Rs.3,00,000/- (Rupees three lakhs) and bank interest. Therefore, it is clear from the averment of the complainant that the OPs are guilty of deficiency in service and unfair trade practice. As such, the second point is also decided in favour of the complainant and against the OPs.
Point No.3 :- The complainant booked the shop room to purchase the same from the OPs and paid Rs.3 lakhs to them. Despite payment of full consideration amount by the complainant, the OPs failed and neglected to hand over the possession of the shop room to the complainant nor they executed and registered a proper deed of conveyance in favour of the complainant. Ultimately, as per demand of the complainant, the OPs refunded Rs.61,000/- (Rupees sixty one thousand) only out of Rs.3,00,000/- (Rupees three lakhs) by instalments on different dates starting from 07.05.2012 to 24.05.2016, but did not pay back the residue amount of Rs.2,39,000/- (Rupees two lakhs thirty nine thousand) and the bank interest. Therefore, as the complainant did not get any positive response from the OPs he has been compelled to file the present case against the OP on the relief sought for in the petition of complaint. As such, there is no hesitation to hold that the complainant is entitled to get the relief as prayed for. The OPs did not refund the balance amount of Rs.2,39,000/- (Rupees two lakhs thirty nine thousand) with bank interest to the complainant which they received from him. As such, the complainant failed to get service from the OPs. On the other hand the complainant was harassed by the OPs by various ways. Therefore, the complainant is entitled to get the relief as prayed for. Thus the third point is also decide in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OP with cost of Rs.10,000/- (Rupees ten thousand).
The O.Ps. are jointly and severally liable and directed to pay back Rs.2,39,000/- (Rupees two lakhs thirty nine thousand) only along with 12% simple interest per annum w.e.f. 26.06.2006 (date of application for booking the shop room) till the date of final realization thereof within 45 days from the date of passing this order.
The OPs are jointly and severally liable and directed to pay compensation to the tune of Rs.1,00,000/- (Rupees one lakh) for mental pain and agony suffered by the complainant and deficiency in service from the OPs within 45 days from the date of passing this order i.d. it will carry simple interest @12% per annum from the date of passing this order till the date of final realization thereof.
The OPs are jointly and severally liable and directed to pay the litigation cost of Rs.10,000/- (Rupees ten thousand) within 45 days from the date of passing this order.
The complainant is at liberty to put the order into execution after the expiry of 45 days if the orders are not complied with by the OPs within the stipulated period of 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in .
Dictated and corrected by me.
Ashoke Kumar Pal
President
