Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nutshell is that the complainant on 25.06.2014 booked two plots of land being plot No. JNP0197 (3 Cottahs / 2160 sq.ft.) and JNP0238 (1.5 Cottahs / 1080 sq.ft.) morefully described in the schedule of the agreements dated 18.07.2014 at a valuable consideration of Rs. 3,00,000/-(Rupees three lakh only) per cottah and paid Rs. 1,50,000/-(Rupees one lakh fifty thousand only) on 25.06.2014. On 18.07.2014 two agreements for sale have been made by and between the parties subsequently. The balance amount of Rs. 12,00,000/- (Rupees twelve lakh only) also have been paid by the complainant to the O.Ps. who acknowledged the receipt of the same by issuing money receipts. The entire consideration amount has been paid within 28.04.2015. After the payment of the entire consideration amount, the complainant requested the O.Ps. for registration of the proper deed of conveyance in respect of the scheduled plots of land in his favour along with delivery of possession thereof. But the O.Ps. avoided to do the same on different pretexts. It was agreed that the delivery of possession of the scheduled plots of land will be made within 36 months from the date of execution of the agreements along with registration of the deed of conveyance. But the O.Ps. violated the terms and conditions of the agreements despite repeated requests. As the O.Ps. neither handed over the delivery of possession of the scheduled plots of land to the complainant and also did not execute and register a proper deed of conveyance in favour of the complainant, the instant complaint case has been filed by the complainant on the reliefs as sought for in the petition of complaint.
The O.Ps. did not come forward to contest the case and as such by Order No. 26 dated 29.04.2022, Order No. 27 dated 02.06.2022 and Order No. 32 dated 24.11.2022 the instant case was declared to be proceeded ex-parte as against the O.Ps.
POINTS FOR CONSIDERATION:
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
DECISIONS WITH REASONS:
Point No. 1:
On perusal of the case record along with copies of the documents, it appears that the complainant was willing to purchase the scheduled plots of land morefully described in the schedule of the agreements dated 18.07.2014 and the O.Ps. agreed to sell the same to the complainant for which two agreements for sale dated 18.07.2014 have been made by and between the parties. The complainant paid the entire consideration amount of Rs. 13,50,000/-(Rupees thirteen lakh fifty thousand only) towards total consideration amount on different dates and the O.Ps. acknowledged the receipts of the same by issuing money receipts. Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, Point No. 1 is decided in favour of the complainant and against the O.Ps.
Point No. 2:
The complainant booked the scheduled plots of land and entered into two agreements dated 18.07.2014 with the O.Ps. to that effect. The complainant also made full payment of Rs. 13,50,000/-(Rupees thirteen lakh fifty thousand only) towards the total consideration amount on different dates and the O.Ps. acknowledged the same by issuing money receipts from which it appears that all the payments have been properly made. On the other hand despite the payment of entire consideration amount by the complainant as per terms of the agreements dated 18.07.2014 the O.Ps. failed and neglected to handover the possession of the scheduled plots of land to the complainant nor executed and registered a proper deed of conveyance in favour of the complainant. The complainant finding no other alternative requested the O.Ps. to deliver the property as promised by them. But the O.Ps. were very much reluctant and paid no heed thereof. Therefore, it is clear from the averments of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, the Point No. 2 is also decided in favour of the complainant and against the O.Ps.
Point No. 3:
The complainant booked the scheduled plots of land morefully described in the schedule of the agreements for sale dated 18.07.2014 from the O.Ps. and made full payment of the consideration amount of Rs. 13,50,000/-(Rupees thirteen lakh fifty thousand only). But the O.Ps. violated the terms and conditions of the agreements dated 18.07.2014. Neither the O.Ps. handed over possession of the scheduled plots of land as described in the schedule of the agreements dated 18.07.2014 nor they returned back the amount of Rs. 13,50,000/- only with interest which they received from the complainant as per terms of the agreements for sale dated 18.07.2014. Therefore, as the complainant did not get any positive response from the O.Ps., he was compelled to file the instant complaint case against the O.Ps. on the reliefs sought for in the petition of complaint. As such there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the O.Ps. did not handover the physical possession of the scheduled plots of land to the complainant. The complainant failed to get service from the O.Ps. On the other hand, the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is
ORDERED
That the instant case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 25,000/- (Rupees twenty five thousand only).
The O.Ps. are jointly and severally liable and are directed to deliver the vacant and peaceful possession of the scheduled plots of land to the complainant within 60 days from the date of passing this Order.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire consideration amount of Rs. 13,50,000/-(Rupees thirteen lakh fifty thousand only) along with simple interest @ 12% p.a. with effect from 25.06.2014 (date of payment of first instalment) to the complainant till the date of final realization thereof within 60 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and are also directed to pay compensation to the tune of Rs. 1,00,000/-(Rupees one lakh only) for mental pain and agony, deficiency in service and unfair trade practice, harassment and inconvenience suffered by the complainant within 60 days from the date of passing this Order failing which it will carry interest @12% p.a. from this date till final realisation thereof.
The O.Ps. are jointly and severally liable and also directed to pay the litigation cost of Rs. 25,000/-(Rupees twenty five thousand only) within 60 days from the date of passing this Order.
The complainant is at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the O.Ps. within 60 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
