Date of filing : 13/10/2020

Date of Judgement : 16/01/2024 

Hon’ble Mrs. Monihar Begum, Presiding Member

                                                                              BRIEF FACTS

The complainant had entered into an agreement with the opposite parties on 28/09/2013 for purchasing a plot of land in the project “AMTALA WESTFIELD” (Project) as mentioned in the schedule of the petition of the complaint at a consideration of Rs.5,70,000/- (five lakh seventy thousand), out of which she advanced Rs.2,28,000/-(two lakh twenty eight thousand) as booking amount and further Rs.90,000/- by making payment on different date by way of cheque such as (i) Cheque No.140170 dtd 30/09/2013 amounting to Rs.20,000/- (ii) Cheque No.140181 dtd 31/01/2014 amounting to Rs.30,000/- (iii) Cheque No.140188 dated 30/05/2014 amounting to Rs.20,000/- (iv) Cheque No.650219 dated 08/12/2014 amounting to Rs.20,000/-. Thus, Rs.3,18,000/-  out of the said consideration for the plot.

The measurement of the land is more or less 2160 sq.ft. equivalent to 3 Cuttah (approx.) comprising Dag No.534, Khatian No.365, J.L. No.38, Mouza – Kashibati, P.S. Bishnupur, South 24 Parganas.

Opposite parties promised to handover the plot of land after development of entire area as well as the said plot which is mentioned in the complaint, subsequently when the complainant inquired about status of the project, the OPs informed that due to some unavoidable circumstances, they could not start the work in the project.  Again complainant went to the office of the opposite parties, they informed that they are unable to develop the same.  They were also unable to supply the mother deed of conveyance, tax receipt etc. to ascertain the possession of the OP in respect of the land.

Lastly on 07/11/2019, complainant sent a letter through her Ld Advocate to which no reply was given by the OP. OP neither handed over the possession of the land in terms of agreement nor refunded the paid amount to the complainant. So, she filed the instant complaint and prayed for an order directing the OPs to handover the peaceful possession of land by executing the deed of conveyance on receiving the balance consideration amount or refund the amount of Rs.3,18,000/-, payment of compensation and cost of litigation. 

OP did not appear to contest the case.  So, it was heard ex parte against them.

                                                                    POINT FOR CONSIDERATION

Whether the complainant is entitled to get any relief(s) in this case.

                                                                              FINDINGS

We have gone through the petition of complaint, evidence and also the documents produced on behalf of the complainant. The agreement entered into between the parties on 28/09/2013 revealed that the complainant had agreed to buy schedule plot from the OPs for consideration of Rs.3,18,000/-.  And also found from the agreement as well as the money receipt produced by the complainant that she already paid.  But inspite of the OPs, neither handed over the said plot by accepting the remaining consideration nor refunded the advance made by the complainant for which she had to approach this commission for relief.

So, on consideration the entire materials of this case, we find the complainant is entitled to get peaceful possession of the said land by executing the deed of conveyance on receiving the balance consideration amount or refund the amount of Rs.3,18,000/- with the interest of 9% p.a. from 08/12/2014 which was the last date of payment by the complainant and she is also entitled to get cost of litigation to the tune of Rs.5,000/-.

Accordingly it is

                                                     ORDERED

That the instant case stands allowed ex parte against the opposite parties. 

OPs are directed to execute and register the deed of conveyance in favour of the complainant on receiving the balance consideration from her.

Or refund the amount of Rs.3,18,000/- with the interest of 9% p.a. from 08/12/2014 to the complainant within a period of 45 days from the date of this order

OPs are also directed to pay the cost of litigation to the tune of Rs.5,000/- to the complainant during the aforesaid period.

If the aforesaid directions are not complied with, the complainant shall be at liberty to take necessary steps in accordance with law.

Dictated and corrected by me.

        Presiding Member