Date of filing: 04/05/2018
Date of Judgment: 27/02/2023
Mrs. Sashi Kala Basu, Hon’ble President
This petition of complaint is filed under section 12 of Consumer Protection Act, 1986 by Sri Biswajit Kundu alleging deficiency in service on the part of the opposite parties (referred as OPs hereinafter) namely (1) ABS Land Development and Construction Pvt. Ltd. (2) Sri Tapan Ghosh (3) Sri Bapi Ghosh and (4) Sri Abhijit Chowdhury.
Case of the Complainant, in short, is that he booked a plot being plot No. 808 and 809A measuring an area of 4320 sq.ft. in the project namely Green Vally on 15.12.2004, paying the initial booking amount of Rs. 27,600/- to the OP. OP issued the allotment letter in favour of the Complainant. After payment of booking money, OPs assured that they would hand over the plots and execute sale deed after completion of 72 installments from the date of booking. Total consideration price was settled of Rs. 2,76,000/-. OPs agreed to develop the land and hand over the plots within 06 years from the date of booking. Complainant has paid the entire sum of Rs. 2,76,000/-. But the OP Company has failed to execute the sale deed in favour of the Complainant. On physical inspection of the site, it was noticed that no development of the project was done. So, Complainant wrote a letter to the OP on 20.03.2018 calling upon to handover the plot of land with all infrastructural development or in alternatively to refund the amount paid by him. But neither the possession was handed over nor the money has been refunded. So, the present complaint has been filed by the Complainant praying for directing the OPs to deliver the physical possession of the schedule property and to execute and register the deed of conveyance or in alternatively to refund Rs. 2,76,000/- along with interest, to pay compensation of Rs. 20,000/- and litigation cost of Rs. 50,000/-.
Complainant has annexed with the complaint petition, copy of the allotment letter dated 15.12.2004, copy of money receipt and copy of the demand notice dated 26.03.2018.
OPs 1 & 2 have contested the case by filing written version contending inter alia that the OPs have already developed the said plot. It is the Complainant himself who has taken no step for registration of the deed of sale. So, the OPs have prayed for dismissal of the case with exemplary cost. OP No. 3 and 4 did not take any step, so the case proceeded exparte against OP No. 3 & 4.
During the course of the trial parties adduced their respective evidence followed by filing of questionnaire and reply thereto. Ultimately argument has also been advanced.
So, the following points require determination:-
- Whether there is any deficiency in service on the part of the OPs?
- Whether the Complainant is entitled to the relief as prayed for?
DECISION WITH REASONS
Both the points are taken up together for a comprehensive discussion.
Complainant has claimed that he booked the plot in the project namely Green Valley and an allotment letter was issued by the OP. on 15.12.2004. Even though no agreement for sale was executed between the parties but from the allotment letter and the money receipt, it appears OPs agreed to sell plot no. 808 and 809A in the project namely Green Valley after its development, at a total consideration of Rs. 2,76,000/- and agreed to complete the development work within 06 years (on payment of 72 installments). Complainant has filed the receipts showing payment of the settled consideration price of Rs. 2,76,000/-.
On perusal of the written version filed by the OP, it appears that the issuance of the allotment letter and the payment by the complainant has not been disputed and denied. The only contention which has been raised by the OP is that they have already developed the said plot to handover but it is the Complainant himself who did not take any step to register the deed of sale in his favour. But in support of their claim that those plots have already been developed and demarcated, no document has been filed by the OP. Barring a bare statement in the written version, no document has been filed to show that the project is completed or that they informed at any time to the complainant that the plot was ready. So, in the absence of any document, contention of the OP is nothing but a subsequent development and an afterthought. In such a situation, as neither the plot has been handed over and registered in favour of the complainant, nor the money has been refunded to the complainant, he is entitled to the relief as prayed. So, the complainant is entitled to refund of the said sum of Rs. 2,76,000/- along with interest @ 9% (in the form of compensation).
Hence
ORDERED
CC/230/2018 is allowed on contest against OP 1 & 2 and exparte against OP No. 3 & 4. OPs are directed to pay the sum of Rs. 2,76,000/- to the Complainant along with interest on the said sum @ 09% p.a. from the date of last payment to till this date within two months from the date of this order. OP is further directed to pay litigation cost of Rs.12,000/- within aforesaid period of two months, in default the entire sum shall carry interest @ 09% till realization.
