Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in a nutshell is that the complainant booked a plot of land measuring about 2.5 cottahs more fully described in the schedule of the agreement for sale made in June, 2009 at a valuable consideration of Rs. 2,75,000/- (Rupees two lakh seventy five thousand) only. The complainant paid Rs. 1,39,050/- (Rupees one lakh thirty nine thousand fifty) only out of the total consideration amount of Rs. 2,75,000/- (Rupees two lakh seventy five thousand) only on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts. An agreement for sale in June, 2009 was made by and between the parties. The O.Ps. violated the terms and conditions of the agreement and failed to deliver the possession of the scheduled plot of land to the complainant despite payment of the entire consideration amount. The O.Ps. also failed to execute and register a proper deed of conveyance in respect of the scheduled plot of land in favour of the complainant along with delivery of possession thereof despite repeated requests by the complainant. The complainant approached the O.Ps. several times from 2013 to 2019 to deliver the peaceful possession of the scheduled plot of land in favour of the complainant and / or to refund of the earnest money with interest which has been paid by the complainant to the O.Ps. But the O.Ps. on all occasions gave assurance to the complainant but ultimately failed to deliver peaceful possession of the scheduled plot of land in favour of the complainant and also failed to execute and register a proper deed of conveyance in respect of the scheduled plot of land in favour of the complainant which prompted the complainant to file the instant complaint case by the complainant on the reliefs sought for in the petition of complaint.
The O.Ps contested the case by filing W.V. contending inter-alia that the claims of the complainant are all false. The specific case of the O.Ps. is that the O.P. Nos. 3, 4 and 5 are the owners of the O.P. No. 1 Firm under the name and style “M/s Dream”. It was further contended that the complainant is a defaulter and did not pay the entire consideration amount. The complainant paid Rs. 1,39,050/-(Rupees one lakh thirty nine thousand fifty) only out of the total consideration amount of Rs. 2,75,000/-(Rupees two lakh seventy five thousand) only in (37+2) installments and the last payment was made on 11.10.2012. As the complainant defaulted the payment of the entire consideration amount, the O.Ps. could not deliver the possession of the scheduled plot of land in favour of the complainant and also could not execute and register a proper deed of conveyance in respect of the scheduled plot of land in favour of the complainant. The O.Ps. also denied the other materials averments of the petition of complaint para-wise and prays for dismissal of the instant complaint case with cost.
Points for Decision :-
- Is the complainant, a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with Reasons :-
Point No.1:-
On perusal of the case record along with copies of documents, it appears that the complainant was willing to purchase the scheduled plot of land more fully described in the schedule of the agreement for sale in June, 2009 and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale in June, 2009 has been made by and between the parties. The complainant paid Rs. 1,39,050/- (Rupees one lakh thirty nine thousand fifty) only out of the total consideration amount of Rs. 2,75,000/- (Rupees two lakh seventy five thousand) only on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the O.Ps.
Point No: 2 :
The complainant booked the scheduled plot of land and entered into an agreement in June, 2009 with the O.Ps. to that effect. The complainant also made part payment of Rs. 1,39,050/- (Rupees one lakh thirty nine thousand fifty) only out of the total consideration amount of Rs. 2,75,000/- (Rupees two lakh seventy five thousand) only on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts from which it appears that all the payments have been properly made. On the other hand, despite payment of considerable amount by the complainant as per terms of the agreement in June, 2009 the O.Ps. failed and neglected to hand over the possession of the scheduled plot of land to the complainant and to execute and register a proper deed of conveyance in favour of the complainant receiving the balance consideration amount. The complainant finding no other alternative requested the O.Ps. to deliver the possession of the scheduled plot of land as promised by them. But the O.Ps. were very much reluctant and paid no heed thereof. Therefore, it is clear from the averment of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, the Point No. 2 is also decided in favour of the complainant and against the O.Ps.
Point No. 3 :-
The complainant booked the scheduled plot of land more fully described in the schedule of the agreement for sale in June, 2009 from the O.Ps. and made payment of a considerable amount of Rs. 1,39,050/- (Rupees one lakh thirty nine thousand fifty) only out of the total consideration amount of Rs. 2,75,000/- (Rupees two lakh seventy five thousand) only. But the O.Ps. violated the terms and conditions of the agreement in June, 2009. Neither the O.Ps. handed over possession of the scheduled plot of land as described in the schedule of the agreement for sale in June, 2009 nor they returned back the amount of Rs. 1,39,050/- (Rupees one lakh thirty nine thousand fifty) only with interest which they received from the complainant as per terms of agreement for sale in June, 2009. Therefore, as the complainant did not get any positive response from the O.Ps., he was compelled to file the instant complaint case against the O.Ps. on the reliefs sought for in the petition of complaint. As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the O.Ps. did not hand over physical possession of the scheduled plot of land to the complainant. The complainant failed to get service from the O.Ps. On the other hand, the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed on contest against the O.Ps. with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps. are liable and are directed to deliver vacant and peaceful possession of the scheduled plot of land to the complainant and to execute and register a proper deed of conveyance in respect of the scheduled plot of land in favour of the complainant within 60 days from the date of passing this Order.
Alternatively, the O.Ps. are liable and are directed to refund the entire earnest money of Rs. 1,39,050/- (Rupees one lakh thirty nine thousand fifty) only along with simple interest @ 12% p.a. w.e.f. 30.07.2008 (date of payment of first installment) to the complainant till the date of final realization thereof, within 60 days from the date of passing this Order.
That the O.Ps. are liable and are also directed to pay compensation to the tune of Rs. 50,000/- (Rupees fifty thousand) only for mental pain and agony, deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainant, within 60 days from the date of passing this Order.
That the O.Ps. are liable and are also directed to pay the litigation cost of Rs. 25,000/- (Rupees twenty five thousand) only within 60 days from the date of passing this Order.
That the complainant is at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the O.Ps. within 60 days from the date of passing this order.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of this case. As such, he did not sign the Judgement & Order passed on this day.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
