FINAL ORDER/JUDGMENT      

SMT. SUKLA SENGUPTA, PRESIDENT

This is an application filed by the complainants U/s 34 read with section 35 and 36 of the Consumer Protection Act, 2019.

The facts of the case  in brief is that The complainants are law abiding citizens and they residing under the Jurisdiction of this commission as mentioned in the cause title of the petition of complaint. The OP members are also running their business under the jurisdiction of this commission situated at 62, Hussainpur PO-EKTP, PS –Tiljala/Anandpur, Kolkata-700107 and the OP members are running their project namely “Dream Home Township Project” which is lying and situated in Mouza Jayenpur, Bonhooghly and Hogolkuria, JL No.  66, 65 and 67 respectively under PS-Sonarpur, Dist. - South 24 Pgs.

 It is further stated by the complainant that on 15.06.2006, the complainants have approached the OP and expressed their intention for purchasing plots of land which would be developed and promoted by the OP and both the complainants and OP agreed on it. Thereafter, on  21.06.2006 the complainant and her husband booked for purchasing of two plots of land being scheme plot of  269 and  270 in Block A in “Dream Home Township Project” of the OP members and paid  Rs. 2,66,000/- up to 23.05.2007 for the same as part of consideration money by installments and on 22.02.2007. The complainants again booked other 14 plots of land in block A in “Dream Home Township Project” and paid Rs.  12,00,000/- up to 04.02.2008 as part of consideration money as installment money i.e. in total Rs.  14,66,000/- to the OPs for the development of plots of land mentioned above.

  It is further stated that OP issued allotment letters in respect of above scheme land to the complainant and stated that they shall provide all kind of services to the complainants along with other terms and condition for the agreement for sale, the plots and flat in question to be handed over by the OPs to the complainant within stipulated period.

The complainants further stated in their petition of complaint that on several occasions they knocked the OPs in respect of the project of development and flats and each time they assured the complainant that the project will completed very soon but in vain. But subsequently, on proper verification the complainants found that the OP did not take any effort to the developed the land or failed to show even a scrap of paper to that effect to the complainant.

Thereafter, the complainants cancelled their booking the plots of land for the development in Block A dream “Dream Home Township Project” and requested the OP members to refund the money paid by them. The OP members then issued three cheques bearing cheques No. 218418 dated 01.11.2008, cheqeu No.  218419 dated  06.11.2008 and cheque No.  218420 dated 11.11.2008 all drawn on Axis Band Ltd., Garia Branch. Out of three cheques, one cheques bearing No. 218420 amount to Rs.  4,66,000/- drawn on Axis Bank Ltd. Garia Branch, Kolkata was bounced and has been returned to OP. The complainants received Rs. 10,00,000/- by encashing other two cheques as mentioned above. Subsequently, the OP members again issued two cheques on Axis Bank of  Rs. 2,33,000/- but that was rejected due to  insufficient fund  on  06.01.2012, which proved that the OPs are reluctant and negligent to pay Rs.  4,66,000/- .

 It is alleged by the complainant that OP members had failed to fulfill the terms and conditions of the agreement dated  07.10.2008  which should be considered as gross deficiency in service  and unfair trade practice on the part of the OP members. Such mis-conduct of OP member caused cost physical and mental harassment and agony to the complainants and also caused monetary loss.

It is the case of the complainants that the cause of action of this case arose on 21.06.2006 and having no other alternative the complainants have filed this case with a prayer to refund the money to the complainant and also compensation for harassment, physical and mental agony along with litigation cost.

The OP members have contested the same application by filing a WV denying all the material allegations leveled against it. It is the OP’s case that their returned the complainant No. 1 had booked two plots of land in project of OP at “Dream Home Township Project” for which the complainant No. 1 had paid Rs.  14,66,000/- as consideration amount.

It is admitted fact that the OP members refunded Rs. 10,00,00/- to the complainants on demand by issuing two cheuqes on Axis Bank but another cheque amounting to Rs. 4,66,000/- was dishonored by the Axis Bank, Garia Branch due to technical fault without having any male-intention on the part of the OP members.  It is further stated by the OP members that they paid the whole amount of Rs. 4,66,000/- to the complainants in cash in middle of July 2019 without any receipt to the representative  of the complainant No. 1 on good faith. It is further started by the OP members that they are ready to pay further amount of Rs.  4,66,000/- to the complainants, if directed by this commission.

It is the allegation of the OP members that the complainants have  filed this case without having any cause of action  and with a mal-intention to harass the OP members. Thus, the case is liable to be dismissed with cost.

In view of the above stated facts and circumstances, it has to be considered and decided by this commission.

1. Whether the case is maintainable in eye of law or not?

2. Whether the complainants are consumers or not?

3. Whether there was any deficiency in service on the part of the OP members?

4. Whether the complainants are entitled to get the relief as prayed for.

5. To what other relief for reliefs are the complainants entitled to get relief?

Decision with reasons

 All the above mentioned points are taken up together for convenience for discussion and to avoid unnecessary repetitions.

From the materials on record, it appears that both the parties to this case are residing and running their business under the jurisdiction of this commission.

The valuation of this case is also within the permissible limits as per law.

Admittedly the cause of action arose on  21.06.2006,  when the complainants booked 14 plots of land in block A within dream home town ship of the OP members on several times paying Rs.  14,66,000/- in total and  the complainants filed this case within the limitation period.

So, on the basis of discussion made above, it is crystal clear that the instant case is well maintainable in eye of law and the commission has jurisdiction both territorial and pecuniary jurisdiction to try this case.

            From the WV and BNA as filed by the OP members it is found that admittedly the complainants purchased the 14 plots of land from the OP members in Block –A, “Dream Home Township Project” for development and construction project and paid Rs. 14,66,000/- in two  installments as consideration money of the said plots of land. It is also admitted fact that subsequently, as the OP members failed to develop the land and construction of the proposed flats as agreed with the complainants. The complainants had cancelled the booking of plots of land   and demanded the consideration money to get back.

            From the materials on record, it is revealed that the OP members are agreed to refund those amounts of Rs. 14,66,000/- to the complainants and issued 3 cheques on Axis Bank being cheques No. 218418 dated  01.11.2008, cheque No. 218419 dated 0611.2008 and the cheque No.  218420 dated 11.11.2008 drawn on Axis Bank Ltd., Garia Branch in favour of the complainants towards cancellation of the booked plots of land. It is admitted fact that cheque No. 218418 dated 01.11.2008 and cheques No.  218419 were encashed by the complainant of Rs.  10,00,000/- in total but the cheque No.  218420 amounting to Rs.  4,66,000/-  drawn on Axis Bank Ltd., Garia Branch Kolkata was bounced and it has been returned to the OP which has been admitted in their WV as well as BNA and Oral Argument of  the Ld. Advocate of the OP members.

From the evidence on the record, it is proved by the complainants beyond all reasonable doubt that till date the OP members did not refund the rest amount of Rs.  4,66,000/- to the complainants even on repeated request by them and caused deficiency of service on their part by their misdeeds. They also caused mental and physical harassment, pain and agony to the complainants. In view of discussion made above, this commission is of view that there was deficiency  of service on the part of the OP members and the complainants are entitled to get the compensation and relief as prayed for as consumer because they could be able to prove the case beyond all reasonable doubt.

 All the points are thus decided accordingly.

The case is properly stamped.

Hence,

Ordered

That the case be and the same is allowed on contest with cost.

The complainants do get the decree of Rs.  4,66,000/- along with interest @  6 % p.a from the date of filing of the case till realization.

The OP members are directed to pay Rs. 4,66,000/- along with interest @ 6 % p.a from the date of filing of this case till realization jointly and severally to the complainant.

The OP members are further directed to pay Rs. 5,000/- to the complainants towards compensation for mental pain and agony jointly and severally. They also directed to pay litigation cost of Rs. 2,000/- to the complainant.

The OP members are further directed to comply the decree within 45 days from this date of order, in default, the complainant will get further interest @  6 % p.a. on the entire amount on the date of default till realization.

If the OP members failed   to comply the decree within the stipulated period, the complainants are at liberty to execute the same as per law.

Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.