Dt. of filing- 05/01/2018
Dt. of Judgement- 21/02/2019
Mrs. Sashi Kala Basu, Hon’ble President.
This is a consumer complaint filed under Section 12 of Consumer Protection Act by Sri Dibapi Bhattacharya the Complainant against Opposite Parties namely (1) Baruipur Bloomfield of Sampark Land Developers Pvt. Ltd. (2) O. P. Tulsian (3) Maqbul Hossain alleging deficiency in rendering service on their part.
The case of the complainant in short is that OP No.1 is a Pvt. Ltd. Company and being represented by its Directors namely OP Nos. 2 and 3, complainant was allotted one of the plot measuring more or less 2.5 cottaha recorded as Plot No. C-243 situated under Mouza – Andharmanik, Khatian No. 2183, J. L. No.153, R.S. Dag No. 3950 in the Project namely Baruipur Bloomfield at a total consideration of Rs. 6,25,000/-. Complainant paid the initial booking amount of Rs. 62,500/- and also made the payment subsequently. It was agreed that the project will be completed by the end of the year 2015 and Plot of land will be registered in the name of intending allotted purchasers. Complainant has paid altogether a total sum of Rs. 1,99,653/- out of 6,25,000/- on different dates. OP company violated the terms and conditions of the allotment letter by affecting change of the Plot No. from C-243 to C-311 without any reason and without the consent from the complainant. It was found that no progress of the said proposed Project was made by the OPs and the OPs were also not interested to complete the Project. On different occasions, complainant has requested the OPs to handover and register the said Plot in his favour on accepting the balance consideration money but the same has not been done. So the present complaint has been filed by the complainant praying for directing the OPs to handover the possession of the Plot of land and to execute and register the deed of conveyance in respect of the said scheduled Plot in favour of the complainant on accepting the balance consideration money, to pay sum of Rs. 5,00,000/- as compensation and litigation cost of Rs. 50,000/-.
OPs have contested the case by filing the W.V. denying material allegations made in the complaint petition contending inter alia that the complainant suddenly stopped paying the amount towards the consideration price. The allotment of plot No. C-243 was transferred to Plot No. C-311 due to re-allotment of the plot of the Project with verbal consent of the purchaser and the same is otherwise ready for delivery. It is also contended that due to force majeure progress of the Project was installed for some days. But the OP has already solved the problem.
Complainant has filed with the complaint petition, Application for booking, letter of allotment and copy of the letter sent by the OP No.1 to the complainant dated 25.07.2016 and 25.07.2018 and receipts showing payment and the copy of mail sent by the complainant to the OP.
During the course of the evidence, both the respective parties adduced their evidence by filing affidavit in chief followed by filing questionnaire and the reply thereto. The argument has also been advanced. Complainant has already filed written notes of argument.
So the following points require determination:
- Whether there has been any deficiency in rendering of service on the part of the OPs.
- Whether the complainant is entitled to the relief as prayed for ?
Decision with reasons
Point No. 1 and 2
Both these points are taken up together for discussion for the sake of convenience and in order to avoid repetition. It has not been disputed and denied by the OPs that the complainant had booked the plot of land which was numbered as C-243 at a total consideration price of Rs. 6,25,000/-. It is also an admitted fact that the plot of land consisted in the project named as Baruipur Bloomfield to be developed by the OP. So the complainant had hired the services of the OPs to develop the said land at a consideration as mentioned above. It is also evident from the written version that the complainant has already paid a total consideration of Rs. 1,99,000/- but the plot has not been handed over to him. As per terms of the allotment letter or the document regarding the booking of the plot, it was agreed between the parties to complete the project by the end of the year 2015. So, OPs were bound to handover the plot to the complainant by 2015. But it is admitted by the OPs in the W.V. that the progress was stalled for some days due to some force majeure progress. So, apparently OPs have not complied the terms and conditions as agreed between the parties. They have now specifically stated that they are ready to allot the plot of land being Numbered C-311. According to complainant, said change of plot was done without the consent of the complainant. Be that as it may, it appears that in the schedule of the complaint petition, complainant has not specified any plot number. So the complainant is entitled to direction upon OPs for handing over of possession and to register the deed of conveyance of the schedule plot in favour of the complainant on payment of balance consideration amount of Rs. 4,25,347/- by the complainant. Complainant has stated categorically in paragraph no. 25 of the complaint petition that he has paid Rs. 1,99,653/- and the balance to be paid is Rs.4,25,347/-. So, during the prayer portion , the balance consideration amount stated by the complainant of Rs. 2,25,694/- is not correct.
These points are answered accordingly.
Hence,
Ordered
CC/7/2018 is allowed on contest against the OPs. OPs are hereby directed to handover possession of the schedule plot and to execute and register the deed of conveyance in respect of the same in favour of the complainant within three months from the date of this order on accepting the balance consideration amount of Rs. 4,25,347/- from the complainant. In alternatively OPs are directed to return the earnest money of Rs. 1,99,653/- paid by the complainant within the aforesaid period of three months along with interest at the rate of 10% p.a.(in the form of compensation) from the date of last payment i.e. 12.04.2014 to till this date. OPs shall also pay Rs. 10,000/- towards the litigation cost within the aforesaid period of three months in default the entire amount shall carry interest @ 10% p.a. till its realisation.
