Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nutshell is that with the intension to construct his own house, the complainant booked a plot of land measuring about 2 Cottahs (1440 Sq.ft.) being plot No. AG/12 morefully described in schedule-B in the petition of complaint as well as in the 2nd schedule of the agreement for sale dated 29.07.2004 at a valuable consideration of Rs. 1,20,000/-(Rupees one lakh twenty thousand only). The complainant paid Rs. 82,000/-(Rupees eighty two thousand only) as earnest money and Rs. 200/-(Rupees two hundred only) for preparation of deed, totaling to Rs. 82,200/-(Rupees eighty two thousand two hundred only) to the O.Ps. who acknowledged the same issuing money receipts by the O.Ps. The agreement for sale has been marked as Annexure – A and the money receipts have been marked as Annexure – B collectively. Thereafter, the complainant on several occasions requested the O.Ps. to handover the vacant peaceful possession of the developed plot of land taking the balance consideration amount and to execute and register a proper deed of conveyance in respect of the scheduled plot of land in favour of the complainant in terms of the agreement for sale dated 29.07.2004. But except giving assurance the O.Ps. did not do anything. Lastly, the complainant sent a legal notice to the O.Ps. on 06.11.2019. But despite receipt of the said notice, the O.Ps. failed to comply with the requirements of the same. The complainant lastly requested the O.Ps. on 01.12.2019 for delivery of the vacant peaceful possession of the scheduled plot of land receiving the balance consideration amount and to execute and register a proper deed of conveyance in respect of the scheduled plot of land in favour of the complainant. But the O.Ps. refused to do the same which prompted the complainant to file the instant complaint case on the reliefs sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case after filing W.V. and as such the instant case proceeded ex-parte as against the O.Ps.
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 reliefs as prayed for?
DECISIONS WITH REASONS:
Point No. 1:
On perusal of the case record along with the documents, it appears that the complainant was willing to purchase about 2 Cottahs (1440 Sq.ft.) being plot No. AG/12 morefully described in schedule-B of the petition of complaint as well as in the 2nd schedule of the agreement for sale dated 29.07.2004 and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale dated 29.07.2004 was made by and between the parties. The complainant paid Rs. 82,000/-(Rupees eighty two thousand only) on different dates towards earnest money and Rs. 200/- (Rupees two hundred only) for preparing of deed and the O.Ps. acknowledged the same issuing money receipts (Annexure – B collectively). 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 the scheduled plot of land and entered into an agreement dated 29.07.2004 with the O.Ps. to that effect. The complainant also made part payment of Rs. 82,000/-(Rupees eighty two thousand only) out of the total consideration amount of Rs. 1,20,000/-(Rupees one lakh twenty thousand only) on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts (Annexure B collectively). The complainant filed copies 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 payment of the earnest money by the complainant as per terms of the agreement dated 29.07.2004, the O.Ps. failed and neglected to handover the possession of the scheduled plot of land to the complainant taking balance consideration amount of Rs. 38,000/-(Rupees thirty eight thousand only) and to execute and register a proper deed of conveyance in favour of the complainant. The complainant finding no other alternative sent a legal notice to the O.Ps. but despite receipt of the same the O.Ps. did not do anything. 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 second point 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 a part payment of Rs. 82,000/-(Rupees eighty two thousand only) out of the total consideration amount of Rs. 1,20,000/-(Rupees one lakh twenty thousand only) on different dates. But the O.Ps. violated the terms and conditions of the agreement dated 29.07.2004. Neither the O.Ps. handed over the scheduled plot of land as described in the schedule - B of the petition of complaint and 2nd schedule of the agreement for sale dated 29.07.2004 nor they returned back the amount of Rs. 82,000/-(Rupees eighty two thousand only) with interest which they received from the complainant as per terms of the agreement for sale dated 29.07.2004. Therefore, as the complainant did not get any positive response from the O.Ps., he has been compelled to file the present 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 handover the physical possession of the scheduled plot of land to the complainant taking balance consideration amount 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 reliefs as prayed for.
Thus, the third point 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 allowed ex-parte against the O.Ps. with cost of Rs. 25,000/-( Rupees twenty five thousand only).
The O.Ps. are jointly and severally liable and directed to handover the vacant peaceful possession of the scheduled plot of land as described in the schedule - B of the petition of complaint and 2nd schedule of the agreement for sale dated 29.07.2004 in favour of the complainant taking balance consideration amount and to execute and register a proper deed of conveyance in respect of the scheduled plot of land as aforesaid within 60 days from the date of passing this Order.
Alternatively, the O.Ps. are jointly and severally liable and directed to refund the entire earnest money amounting Rs. 82,200/-(Rupees eighty two thousand two hundred only) along with simple interest @ 10% p.a. with effect from 29.07.2004 (date of agreement for sale) till the date of final realization within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and also directed to pay compensation to the tune of Rs. 1,00,000/-(Rupees one lakh only) for mental pain and agony suffered by the complainant within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and 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.
The complainant is at liberty to put the order in 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 sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
