Date of filing: 12/07/2019
Judgment: Dt. 30/05/2023
Mrs. Sashi Kala Basu, Hon’ble President
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Smt. Geeta Ghose alleging deficiency in service on the part of the opposite parties (referred as OPs hereinafter) namely (1) ABS Land Development and Construction Pvt. Ltd. and (2) Sri Tapan Ghosh.
Case of the complainant, in short, is that she booked a plot being plot No. 78 measuring an area of 1800 sq. ft. in the project namely “Arpan Complex” on 10.02.2012 and an agreement was executed between the parties on 22.01.2013, whereby OP agreed to sell the plot as described in the schedule B of the agreement at a consideration of Rs. 5,50,000/- and deliver the possession after its development within 3 years from the date of the said agreement. Complainant has paid sum of Rs. 3,02,800/- in total. But the OP Company has failed to deliver possession or 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 and the development of the said project “Arpan Complex” was stalled completely due to accessibility issues due to construction of a petrol pump on the main road. So, complainant wrote a letter to the OP on 01.08.2016 asking to refund the amount of Rs. 3,02,800/-. But the money has not been refunded. Thereafter complainant sent a notice through her Ld.
Advocate to OPs on 28.02.2019 but all in vain. So, the present complaint has been filed by the complainant praying for directing the OPs to refund Rs. 3,02,800/- along with interest @ 18%, to pay compensation of Rs. 2,00,000/- and litigation cost of Rs. 30,000/-.
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 herself 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.
During the course of the trial parties adduced their respective evidence followed by filing questionnaire and reply thereto. However OPs took no step during argument. So argument on behalf of the complainant is heard. Brief notes of argument is also filed on behalf of the complainant.
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 she booked the plot in the housing project namely “Arpan Complex” and an agreement was also executed between the parties on 22.01.2013. Complainant has filed the said agreement wherefrom it appears that the OP agreed to sell the plot described in the B schedule of the agreement, after its development, at a total consideration of Rs. 5,50,000/- and agreed to complete the development work within three years from the date of agreement of sale. Complainant has also filed the receipts showing payment of the consideration price of Rs. 3,02,800/-.
On perusal of the written version filed by the OP, it appears that the execution of the agreement 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 herself who did not take any step to register the deed of sale in her favour. But in support of their claim that the said plot has 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 nor the deed of conveyance has been registered in favour of the complainant and also as the money has not been refunded, complainant is entitled to the refund of the said sum of Rs. 3,02,800/- along with compensation in the form of interest.
Hence,
ORDERED
CC/342/2019 is allowed on contest against OP 1 & 2. OPs are directed to refund the sum of Rs. 3,02,800/- to the complainant along with interest on the said sum @ 09% p.a. from the date of last payment by the complainant i.e. 24.02.2015 to till this date within two months from the date of this order. OPs are 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% p.a. till realization.
