Date of filing : 11.5.2018

Judgment : Dt.19.8.2019

Mrs. Sashi Kala Basu, Hon’ble President.

            This petition of complaint is filed by Chhaya Das under section 12 of C.P.Act, 1986 by  alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely ABS Land Development & Construction Pvt. Ltd.

            Complainant’s case, in short, is that she entered into an agreement with the OP on 30.5.2012 to purchase plot of land being No.A-90 and A-91 described in the agreement on payment of consideration of Rs.3,40,025/- each. The land was to be developed by the OP and was to be handed over within three years. But the OPs failed to develop the said project namely Baruipur Enclave. Complainant has paid entire amount of consideration of Rs.3,40,025/- each in total of Rs.6,80,050/- to the OP. But the OP has failed to deliver the possession of the plot and neither the deed of conveyance has been executed in favour of the Complainant in terms of the agreement. A notice was also sent by the Complainant on 9.7.2016 asking to refund the amount along with interest. But, OP in reply dt.22.01.2016 has regretted on the ground that the development of the project could not be continued for some unavoidable circumstances. So, the present case has been filed by the Complainant praying for directing the OP to hand over the said plot in alternatively to refund the total amount of Rs.6,80,050/- with 18% interest, to pay compensation of Rs.5,00,000/- and litigation cost of Rs.50,000/-.

            Complainant has annexed with the complaint petition, copy of the agreement for sale dt.30.5.2012, statement of account regarding payment made by the Complainant, copy of the receipt/letter of allotment issued by the OP for plot No.A-90 and A-91, statement of bank account, copy of notice dt.9.7.2016 and the reply by the OP to the said notice.

            OP has contested the case by filing the written version denying and disputing the allegations contending inter alia specifically that the OPs have already demarcated and physically handed over the said plot to the Complainant. But Complainant herself has not taken any step to register the deed of sale in her favour in spite of several requests made by the OPs. Thus OPs have prayed for dismissal of the complaint with exemplary cost.

            During the course of evidence, both the parties have filed their respective affidavit-in-chief followed by filing of questionnaire and reply thereto. Ultimately, argument has been advanced.

            So the point requires determination is whether the Complainant is entitled to the relief as prayed for.

            Decision with reasons

            To establish her claim, Complainant has filed the copy of the agreement entered into between the parties, wherefrom it appears that the OP agreed to sell the plot being No.A-90 and A-91 after its development in the project named and style ‘Baruipur Enclave’ on consideration of Rs.3,40,000/- each. It was agreed between the parties that the possession of the plots as agreed would be completed within three years which ended in December, 2015. In order to show that she has paid the entire consideration price, Complainant has filed the statement of bank account, wherefrom it appears that a total amount of Rs.3,40,025/- each has been paid for the said two plots. OP has claimed that they have already handed over the plots to the Complainant, but in order to substantiate the delivery of possession of the plots, no document has been filed by the OPs. It is the specific claim of the Complainant that the project has not yet been completed, which is also evident from the reply by the OPs dt.22.10.2016, wherein OP has regretted for not completing the project due to some unavoidable circumstances. So, in the absence of any specific document by the OP about delivery of possession and also as in the written version, no specific date of handing over of the possession allegedly has been stated, the claim of the OP cannot be accepted. So, on consideration of the bank statement and also as payment of the entire consideration amount has not been disputed and denied by the OP in their written version, Complainant is entitled to the refund of the said amount of Rs.3,40,025/- each totaling Rs.6,80,050/- along with interest @ 18%. As it is the own case of the Complainant that the project has not been completed, there is no point directing the OP to handover the possession of the plots as prayed by the Complainant. However, since interest is allowed, we do not find any justification to allow the compensation.

            Hence

                                    ordered

            CC/245/2018 is allowed on contest. OP is directed to refund total sum of Rs.6,80,050/- along with interest on the said amount @18% p.a. from the date of last payment i.e. 7.1.2014 to till this date, within two months from the date of passing of this order. OP is also directed to pay litigation cost of Rs.12,000/- within the aforesaid period of two months failing which the entire amount shall carry interest @ 12% till its realisation.