Sri Ashoke Kumar Pal, Hon’ble President :

The crux of the instant complaint case in short is that the complainant booked a plot of land measuring about 2.5 Kathas being Plot No : A/F20 at “Ujjani Project” more fully described in the schedule of the petition of complaint and agreement for sale dated  30.10.2010 at a valuable consideration of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only.  The complainant paid the entire consideration amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only on different dates and the O.Ps. acknowledged the receipt of the same.  It was agreed upon that the delivery of possession of the scheduled land with all facilities and amenities will be handed over to the complainant and also to execute and register the deed of conveyance in favour of the complainant within 4 years from the date of execution of the agreement for sale dated 30.10.2010. The complainant requested the O.Ps. by issuing letter dated 28.04.2016 to hand over the delivery of possession of the scheduled plot of land. But in reply dated 08.08.2016 the O.Ps. promised the complainant to refund the amount. Thereafter, on 22.02.2017 and 01.04.2017 the complainant received two letters from the O.Ps. to refund the amount within 9 to 12 months. On 08.09.2017 the complainant again wrote the O.Ps. requesting them to refund the money due to his expensive emergency medical treatment of his multiple ailments. Thereafter, as the O.Ps. failed and neglected to deliver the possession of the scheduled plot of land and also to refund the amount which they received from the complainant, the complainant was compelled to lodge the complaint before the Lake PS, Lal Bajar PS and Rabindra Sarabar PS on 23.12.2017. 03.01.2018 and 28.04.2021 against the O.Ps. But ultimately as no fruitful result was achieved, the complainant has filed the instant complaint case on the reliefs as sought for in the petition of complaint.

O.P. Nos. 1 to 4 did not come forward to contest this case despite service of notice.  As such, the instant complaint case was declared to be proceeded ex-parte against O.P. Nos. 1 to 4 by Order No. 5 dated 24.07.2023 and Order No. 7 dated 04.09.2023. Accordingly, the instant complaint case was heard ex-parte against all the O.Ps.  

                                                         Points for Decision :-

1. Is the complainant, a consumer?
2. Are the O.Ps. guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

      Decision with Reasons :-

Point No. 1:- 

On perusal of the case record along with the evidence and copies of documents, it appears that the complainant is willing to purchase a plot of land more fully described in the schedule of the petition of complaint and the agreement for sale dated 30.10.2010.  The complainant paid the entire consideration amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only on different dates and the O.Ps. acknowledged the receipt of the same.  Therefore, the complainant is a consumer as defined U/S 2(7) of 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 plot of land and accordingly an agreement for sale dated 30.10.2010 has been made. executed and registered.  The complainant also made payment of the entire consideration amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only on different dates and the O.Ps. acknowledged the receipt of the same. On the other hand despite payment of the entire consideration amount, the O.Ps. failed and neglected to hand over the possession of the schedule plot of land to the complainant. The complainant finding no other alternative wrote to the O.Ps. on different dates requesting them to deliver the possession of the schedule plot of land as promised by them or to make refund of the entire consideration amount along with interest which they received from the O.Ps.  But the O.Ps. were very much reluctant and paid no heed thereof.  Therefore, it is clear from the evidence as well as averments of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice. 

As such, Point No.2 is also decided in favour of the complainant and against the O.Ps.

Point No. 3:-

The complainant booked the scheduled plot of land more fully described in the schedule of the petition of complaint and the agreement for sale dated 30.10.2010 from the O.Ps. and made payment of the full consideration amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only.  But the O.Ps. violated the terms and conditions of the agreement for sale.  Neither the O.Ps. handed over possession of the scheduled plot of land as described in the schedule of the petition of complaint and the agreement for sale dated 30.10.2010 nor they returned back the amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only with interest which they received from the complainant as per terms of the agreement for sale. 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 relief as sought for in the petition of complaint and 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 hand over the physical possession of the scheduled plot of land to the complainant nor returned back the entire amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only along with interest 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 complaint case be and the same is hereby allowed ex-parte against the O.P. Nos. 1 to 4 with cost of Rs. 25,000/- (Rupees twenty five thousand) only.

The O.Ps. are jointly and severally liable and are directed to refund the entire consideration amount of Rs. 4,25,000/- (Rupees four lakhs twenty five thousand) only along with simple interest in the form of compensation @10% p.a. w.e.f. the respective date of payment of the installments by the complainant till the date of final realization thereof, within 30 days from the date of passing this order. 

That the O.Ps. are jointly and severally liable and are also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) only within 30 days from the date of passing this order. 

That the complainant is at liberty to put the order into execution after the expiry of 30 days in case the orders are not complied with by the O.Ps. within 30 days from the date of passing this order.

Let a copy of the order be supplied free of cost to the parties concerned. 

That the final order will be available in the following website www.confonet.nic.in.

Dictated and corrected by me.  

             President