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 2160 sq.ft. more fully described in the schedule of the agreement for sale dated 04.04.2007 at a valuable consideration of Rs. 1,44,000/-(Rupees one lakh forty four thousand) only and development cost of Rs. 96,000/- (Rupees ninety six thousand) only altogether Rs. 2,40,000/-(Rupees two lakh forty thousand) only. The complainant paid Rs. 48,000/-(Rupees forty eight thousand) only by cheque bearing No. 599751 dated 23.12.2005. Subsequently in addition to that the complainant also paid the balance consideration amount in full in terms of the said agreement for sale dated 04.04.2007. The O.Ps. acknowledged the receipt of the same by issuing money receipts (Annexure A & C collectively). After payment of the entire consideration amount in terms of the agreement for sale dated 04.04.2007 the complainant observed that no development work has been made by the O.Ps. in the scheduled plot of land. It was agreed that the delivery of possession of the said plot of land with all facilities and amenities will be made but the O.Ps. violated the terms and conditions of the agreement and failed to deliver the possession of the schedule plot of land to the complainant. 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. As the O.Ps. neither handed over the delivery of possession of the schedule plot of land to the complainant and also did not execute and register a proper deed of conveyance in favour of the complainant, the instant complaint case has been filed by the complainant on the reliefs sought for in the petition of complaint.
The O.P. No. 2 did not come forward to contest the case and as such by Order No. 16 Dated 16.04.2021 the instant case was declared to be proceeded ex-parte as against the O.P. No. 2.
The O.P. No. 1 contested the case by filing W.V. contending that the claims of the complainant are all false. The specific case of the O.P. No. 1 is that the complainant did not pay the entire consideration amount including development charges totaling to an amount of Rs. 2,40,000/-(Rupees two lakh forty thousand) only. It was further contended by the O.P. No. 1 that necessary development work in the scheduled plot of land could not be made for want of necessary permission from the concerned authority which was beyond the control of the O.P. No. 1. The O.P. No. 1 also denied that the complainant did not ask for refund of money. The O.P. No. 1 also denied the other material averments of the petition of complaint para wise and prayed for dismissal of the 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 dated 04.04.2007 and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale dated 04.04.2007 has been made by and between the parties. The complainant paid the entire consideration amount of Rs. 2,40,000/-(Rupees two lakh forty thousand) only [Rs. 1,44,000/- + development cost Rs. 96,000/-] and the O.Ps. acknowledged the receipt of the same by issuing money receipts (Annexure A & C collectively). 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 OPs.
Point No. 2:-
The complainant booked the scheduled plot of land and entered into an agreement dated 04.04.2007 with the O.Ps. to that effect. The complainant also made full payment of Rs. 2,40,000/-(Rupees two lakh forty thousand) only towards the total consideration amount and the O.Ps. acknowledged 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 entire consideration amount by the complainant as per terms of the agreement dated 04.04.2007 the O.Ps. failed and neglected to hand over the possession of the scheduled plot of land to the complainant nor execute and register a proper deed of conveyance in favour of the complainant. The complainant finding no other alternative requested the O.Ps. to deliver the possession of the scheduled property as promised by them. But the O.Ps. were very much reluctant and paid no heed thereof. Therefore, it is clear from the averments of the complainants 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. 03 :-
The complainant booked the scheduled plot of land more fully described in the schedule of the agreement for sale dated 04.04.2007 from the O.Ps. and made full payment of the consideration amount of Rs. 1,44,000/-(Rupees one lakh forty four thousand) only along with development cost of Rs. 96,000/-(Rupees ninety six thousand) only. But the O.Ps. violated the terms and conditions of the agreement dated 04.04.2007. Neither the O.Ps. handed over possession of the scheduled plot of land as described in the schedule of the agreement for sale dated 04.04.2007 nor they returned back the amount of Rs. 2,40,000/- (Rupees two lakh forty thousand) only with interest which they received from the complainant as per terms of agreement for sale dated 04.04.2007. 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 case be and the same is hereby allowed on contest against the O.P. No. 1 and ex-parte against the O.P. No. 2 with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps. are jointly and severally 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 same in favour of the complainant within 60 days from the date of passing this Order.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire consideration amount of Rs. 1,44,000/-(Rupees one lakh forty four thousand) only and Rs. 96,000/-(Rupees ninety six thousand) only towards development cost along with simple interest @ 12% p.a. w.e.f. 23.12.2005 (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 jointly and severally liable and are also directed to pay compensation to the tune of Rs. 1,00,000/- (Rupees one lakh) for mental pain and agony and deficiency in service and 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 jointly and severally 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.
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.
President
