Sri Ashoke Kumar Pal, President
The matrix of the complaint case in short is that with the intention to construct his own house the complainant booked a plot of land measuring about 4 cottahs from the O.Ps. being Plot No. 4A19 in the Township Project “Green City Sonarpur” more fully described in the schedule of the agreement dated 06.10.2012 at a valuable consideration of 6,00,000/- (Rs. 1,50,000/- per cottah). The complainant paid Rs.5,20,000/- (Rupees five lakh twenty thousand) only by installments on different dates for which money receipts have been issued by the O.Ps. Thereafter, the complainant on several occasions requested the O.Ps. to execute and register a proper deed of conveyance in terms of the agreement dated 06.10.2012. But except giving assurance the O.Ps. did not do anything. In July, 2014 the O.Ps. gave another proposal to the complainant in modification of their project as “Plot with Bungalow” and asked the complainant to make further payment to which the complainant denied and asked the O.Ps. for refund of the money paid by him with bank interest and compensation.
Ultimately, the OPs did not pay back the money with interest and compensation and hence this case.
The O.Ps. did come forward to contest the case by filing W.V. and as such the instant complaint case proceeded ex-parte against all the O.Ps. by Order No. 21 dated 08.06.2022 and Order No. 23 dated 09.09.2022.
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 or reliefs as prayed for?
Decision with Reasons :-
Point No.1 :- On perusal of the case record along with documents, it appears that the complainant was willing to purchase the scheduled plot of land measuring about 4 cottahs more fully described in the schedule of the agreement dated 06.10.2012 being plot no.:4A19 and the O.Ps. agreed to sell the same to the complainant for which agreement for sale dated 06.10.2012 was made by and between the parties. The complainant paid Rs.5,20,000/-(Rupees five lakh twenty thousand) only by installments on different dates. 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 O.Ps.
Point No.2 :- The complainant booked a scheduled plot of land and entered into an agreement dated 06.10.2012 with the O.Ps. to that effect. The complainant also made payment of Rs.5,20,000/-(Rupees five lakh twenty thousand) only on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts. The complainant filed copy of the money receipts along with the petition of complaint from which it appears that all the payments have been properly made. On the other hand, despite the payment of major portion of the full consideration amount by the complainant as per terms of the agreement dated 06.10.2012 the O.Ps. failed and neglected to hand over the possession of the schedule plot of land to the complainant and to execute and register a proper deed of conveyance. The complainant finding no other alternative demanded the O.Ps. to pay back the amount of Rs.5,20,000/-(Rupees five lakh twenty thousand) only along with bank interest and compensation. Therefore, it is clear from the averment of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice for which the complainant suffered mental pain, agony and harassment.
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 from the O.Ps. and made payment of Rs.5,20,000/-(Rupees five lakh twenty thousand) only on different dates. But the O.Ps. violated the terms and conditions of the agreement dated 06.10.2012. Neither the O.Ps. handed over the possession of the scheduled plot of land as described in the schedule of the agreement for sale dated 06.10.2012 nor they returned the amount of Rs.5,20,000/-(Rupees five lakh twenty thousand) only with interest and compensation which they received from the complainant as per terms of agreement for sale dated 06.10.2012. Therefore, as the complainant did not get any positive response from the O.Ps. he has been compelled to file the present case against the O.Ps. on the reliefs sought for in the petition of complainant. As such, there is no hesitation to hold that the complainant is entitled to get the relief as prayed for. As the O.Ps. did not hand over the physical possession of the scheduled plot of land to the complainant nor any deed of conveyance has been executed and registered in favour of 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 relief 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 complaint case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 25,000/- (Rupees twenty five thousand).
The O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs. 5,20,000/-(Rupees five lakh twenty thousand) only along with 12% simple interest p.a. w.e.f. 03.04.2012 (date of payment of 1st installment) till the date of final realization within 45 days from the date of passing this order.
The O.Ps. are jointly and severally liable and are directed to pay the compensation to the tune of Rs. 2,00,000/- (Rupees two lakhs) only for harassment, mental pain and agony and deficiency in service suffered by the complainant within 45 days from the date of passing this order.
The O.Ps. are jointly and severally liable and are directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) to the complainant 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 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.
President
