Date of filing : 17/07/2019
Date of Judgement : 22/11/2023
Shri Subir Kumar Dass, Hon’ble Member
The complainant entered into an agreement for sale with OP1 represented by OP2 in respect of sale of a piece of land measuring about 1140 Sq.ft. comprising of Dag No.230 Khatian No.615, J.L.No.86, Mouza-Bamangachi, P.S.Bishnupur marked as Plot No.B 217 Block-(B) in the master plan “Arpan Complex” under Bamangachi Gram Panchayet on 02/05/2014 for which payment of Rs.2,22,000/- was made by the complainant and received by OP2 on behalf of OP1 as reflected in the said agreement for sale. Thereafter the complainant went on paying more amount on different dates upto 03/07/2015 which collectively stood at Rs.4,40,000/- which was total consideration for the land. Though in terms of the agreement for sale, the said project (Arpan Complex) was scheduled to be completed with all respect by December 2016, the complainant on visiting the site on different dates found that no development work was undertaken by OP1 in terms of the agreement for sale.
Thereafter the complainant came to know on a later period that the OPs have not done any development work on the site of the said project. Advocate’s letter dated 01/02/2019 on behalf of the complainant was served upon the OPs demanding refund of the amount paid with interest. But again the OPs paid a deaf ear to it. Thereafter complainant filed this complaint before this commission with the prayer to direct the OPs to refund Rs.4,40,000/- along with interest and to pay compensation of Rs.2,00,000/- and cost of litigation of Rs.50,000/-.
The OPs contested the case by filing written version wherein they contended that the project was ready but the complainant was negligent in taking initiative to get possession and registration of the plot.
POINTS TO BE DECIDED
Whether the complaint is entitled to get relief(s).
DISCUSSIONS AND FINDINGS
The complainant adduced evidence together with copy of documents which includes agreement of sale and money receipt.
The OPs though filed the written version, did not file questionnaire against the evidence of the complainant. It appears from record that Shri Tapan Ghosh,OP3/Managing Director of OP1 submitted that he will not adduce any evidence and that he will pay the principal amount but thereafter on different dates though he appeared, failed to make any payment.
We have applied our mind and meticulously gone through the materials on record. In the written version submitted by OPs we do not find any reasonable ground and proof in support of OP’s contention that the project was ready for delivery. Moreover there was no denial on the part of the OPs with respect to receipt of the payment made by the complainant in terms of the agreement for sale dated 02/05/2014.
Further OP3 by way of making submission that they will not adduce any evidence together with commitment of refund of the principal amount to the complainant, made it crystal clear that the project was not ready for delivery and there was an established fact of deficiency in service by way of making breach of contract as per the agreement for sale.
By all means we are of the opinion that non filing of evidence and assurances of making payment by the OP3 is a clear cut proof of deficiency in service on the part of the OPs.
Thus, the case of the complainant stands successfully established and thereby the complainant is found eligible to get the relief.
Hence it is
ORDERED
That CC No.351/2019 is allowed on contest with cost against the OPs.
- OP3 is directed to refund the amount of Rs.4,40,000/- along with interest @9% p.a. for the period from the date of last payment made by the complainant i.e. 03/07/2015 till the date of actual payment.
- OP3 is further directed to pay Rs.50,000/- as compensation to the complainant. .
- OP3 is also directed to pay Rs.20,000/- towards the cost of litigation to the complainant.
All the above payments should be made within 45 days from the date of this order.
In the event of non compliance by the OPs, the complainant shall be at liberty to initiate necessary action as per law after expiry of the aforesaid period.
Dictated and corrected by
Member
