By Sri. A.S. Subhagan, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2.  Facts of the complaint in brief:-  The Complainant is landless and homeless.  The Opposite Party had convinced the Complainant’s husband that if applied, house shall be constructed for the Complainant purchasing land and had entered into an agreement with him on 22.03.2021.  Subsequently, the Opposite Party had received a sum of Rs.85,000/- towards documentation fee and other expenses from the Complainant. After purchasing the land and after its registration, the Opposite Party had convinced the Complainant that the construction of the house could be done by availing loan from Backer Foundation Charitable Society.  After receiving Rs.85,000/- from the Complainant the Opposite Party had neither purchased the land nor handed over the documents of its registration to the Complainant.  But the Opposite Party had told that the proposed land would be dry land suitable for the construction of house.  But the Opposite Party failed to purchase the land; failed to hand over the registered deed and documents; failed to give the site plan showing the boundaries of the land; failed to arrange loan etc.  On enquiry, the Complainant could realise that the land purchased for the Complainant was paddy land affected by flood, not suitable for house construction.  As a result, the Complainant demanded refund of Rs.85,000/- together with interest and other loss.  Afterwards, a Lawyer Notice was also sent to the Opposite Party which was received by him but no reply was sent, instead the Opposite Party threatened the Complainant over phone.  The above acts of the Opposite Party is deficiency in service causing irreparable loss and injury to the Complainant.  Hence, this complaint with prayers for getting compensation of Rs.2,00,000/-; Refund of Rs.85,000/- together with interest @ 12% thereon, cost of the proceedings etc.

            3.  Notice was served upon the Opposite party. They appeared before the Commission and filed version, the contents of which are as follows:-

            The Opposite Party had no transactions with the Complainant.  The Complainant is only a witness in the agreement with the Complainant’s husband and the Opposite Party.  The Opposite Party had received Rs.85,000/- from the Complainant.  The Opposite Party had agreed to the Complainant’s husband that purchase of land and house construction therein could be done, arranging loan.  It could not be done as her husband had failed to  fulfil the conditions in the agreement.  The Opposite Party had received a sum of Rs.60,000/- from the Complainant’s husband but he had not remitted the amount as per the conditions in the agreement.  Even though, the Opposite Party has purchased and registered ‘3’cents of land in Complainant’s name, on the instruction of the Complainant’s husband. Without fulfilling the conditions, the Complainant’s husband went abroad for employment purpose.  Now he has returned from abroad and initiated unnecessary legal proceedings against the Opposite Party.  All other allegations in the complaint are denied by the Opposite Party.  Hence, prayed to dismiss the complaint with compensatory cost.

            5.  The Complainant filed chief affidavit.  Ext.A1 to A3 were marked from her side and she was examined as PW1.

            6.  Though Opposite Party had filed version, they neither adduced any evidence to corroborate his contentions in the version nor any document was marked from their side.  So, there has been no evidence from the side of the Opposite Party.

            7. On the basis of the facts, circumstances and evidence of the case, Commission raised the following points for consideration, so as to decide the case

1. Whether the complaint is maintainable under the Consumer Protection Act?
2. Whether there has been any deficiency in service from the part of the Opposite Party?
3. If so, Relief and Cost.

8.  Point No.1:-  The case of the Complainant is that the Opposite Party had entered into an agreement with the Complainant’s husband for purchase of land, construction of house in it, after availing loan.  The Opposite Party has admitted that Rs.85,000/- had been received from the Complainant and also has admitted that ‘3’cents of land has been purchased in the name of the Complainant, as per the instruction of the Complainant’s husband.  From this admission from the Opposite Party, it is evident that the agreement for the purchase of land and the proposed construction of the house was for the joint use of the Complainant and the Complainant’s husband.  The Opposite Party has admitted that they have received Rs.60,000/- from the Complainant’s husband and Rs.85,000/- from the Complainant.  So consideration for providing the service, has been received by the Opposite Party from the Complainant as well as Complainant’s husband.  Hence, the Complainant is also a consumer of the Opposite Party.  Therefore, this complaint is maintainable under the Consumer Protection Act 2019.

9.  Point No.2:-  The main allegation of the Complainant is that, the land purchased and registered in the name of the Complainant is not dry land but paddy land which is unfit for construction of house. Ext.A3 document shows that the land purchased by the Opposite Party in the name of the Complainant is paddy land (Nilam).   Building permit for construction of house  in the above land shall not be given by the local Authority.  The act of the Opposite Party in purchasing a land unfit for construction of house for the use of the Complainant and her husband is deficiency in service.  So, there has been deficiency in service from the part of the Opposite Party.  Therefore, Point No.2 is proved against the Opposite Party.

10.  Point No.3:-  As Point No.2 is proved against the Opposite Party, they are liable to compensate the Complainant.

In the result, the complaint is partly allowed and the Opposite Party is directed to

1. Refund Rs.85,000/- (Rupees Eighty Five Thousand Only) received from the Complainant together with interest @ 8% per annum from the date of this Order
2. Pay Rs.40,000/- (Rupees Forty Thousand Only) as compensation for deficiency in service.
3. Pay cost of Rs.6,000/- (Rupees Six Thousand Only)
4. The Opposite Party shall have the right to get re-conveyance of the ‘3’ cents of paddy land on their own expenses and the Complainant shall be duty bound to do so, if the Opposite Party demands.

The above amounts ordered in 1, 2 and 3 above shall be paid to the Complainant by the Opposite Party within one month from the date of receipt of this Order, failing which the amounts shall carry interest @ 9% per annum from the date of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 30^th day of November 2023.

Date of Filing:-25.11.2022.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Sajna. C. K.                                                   Nil.                                         

Witness for the Opposite Party:-

                        Nil.     

Exhibits for the Complainant:-

A1.                  Copy of Receipt.                                         Dt:22.03.2021.

A2.                  Copy of Receipt.                                         Dt:20.11.2020.

A3.                  Certified Copy of Agreement No.1745/1/2021.                                                      

Exhibits for the Opposite Party:-

Nil.     

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

                                                                                                 Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                 CDRC, WAYANAD.

Kv/-