Date of filing : 19/08/2019

Date of Judgment : 28/02/2023

Mrs. Sashi Kala Basu, Hon’ble President

This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sri Kedar Nath Sah through his power of attorney holder namely Anant Kumar Singh, alleging deficiency in service on the part of the opposite parties (referred as OPs hereinafter) namely (1) D. K. Land Development and Construction Private Limited, (2) Sri Asit Pramanik, (name striked out as died during the pendency of the proceeding) (3) Smt. Dipali Pramanik and (4) Sri Bapi Mondal.

Case of the Complainant, in short, is that the OP No.1 is engaged in the business of buying, developing and selling of land and the OP No.2, 3 & 4 were / are the Directors of the OP No.1. OPs had constructed a residential complex or modern village/township for lower/ mediocre income group under the name and style of “Garden City” in a 150 bighas vacant land within the jurisdiction of Bishnupur PS in the district of South 24 Parganas.

On knowing about the said project, Complainant booked a plot of land being Nos. 618 measuring 03 cottahs in the said project namely “Garden City” and paid booking amount of Rs. 30,000/- on 15.01.2011 by cheque. Subsequently, an agreement for sale was also executed between the parties on 02.01.2012 whereby OPs agreed to sell the said plot at a total consideration of Rs.1,20,000/-. Complainant has already paid the full and final payment of the entire consideration amount. The development work of the said project was expected to be completed in the year 2013. But, no developmental work has been carried by the OPs, OP No.2. In the month of August, 2015 i.e. on 31.08.2015 OP had handed over a letter to Complainant asking for further six months’ time for registration of deed of conveyance. But, neither the plot has been handed over nor the money has been refunded to the Complainant. A criminal complaint has also been filed by the Complainant against the OPs. Thus this complaint has been filed for directing the OPs to pay the entire consideration amount of Rs.1,20,000/- along with interest @ 10% p.a. from the date of receiving of the earnest booking amount or in alternative to execute the final deed of conveyance in favour of the Complainant, to pay an amount of Rs.70,000/- as compensation for harassment, mental agony and sufferings, to pay Rs.50,000/- for adopting unfair trade practice, to pay Rs.50,000/- for rendering deficiency of service and to pay Rs.20,000/- as litigation cost.

Complainant has annexed with the complaint, power of attorney executed by the complainant in favour of Attorney Holder namely Anant Kumar Singh, agreement for sale dt.09.01.2012, money receipts showing payment of the amount, letter dt.31.8.2015 sent by OP No.2 to the Complainant, receipts showing payment of booking amount and further sum, copy of the FIR and letter of allotment.

On perusal of the record it appears that in spite of service of notice, OPs did not take any step. Thus, vide order dt. 11.11.2019, case came up for ex-parte hearing.

So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for?

DECISION WITH REASONS

It is claimed by the Complainant that he agreed to purchase plot of land being No.618 in the project called “Garden City” to be developed by the OPs, at a total consideration amount of Rs.1,20,000/-. According to him he has paid entire consideration amount. In support of his said claim, complainant has filed the agreement for sale and the receipts showing the payments of the consideration amount as agreed. The payment has been made by the complainant as per agreement is further substantiated from the letter sent by the OP No.2 (now deceased) dt.31.8.2015 requesting for further six months’ time from the Complainant for execution and registration of the deed in his favour. There is no mention in the letter that any payment is due. So, as before this Commission there is absolutely no contrary material, Complainant is entitled to refund of amount along with interest in the form of compensation as admittedly no development work has been carried out by the OPs in the said project.

Hence

            ORDERED

CC/439/2019 is allowed ex-parte. OPs are directed to refund Rs.1,20,000/-, paid by the Complaint, together with interest @ 10% p.a. from the date of last payment by the complainant, to till this date within two months from the date of this order, in default, the entire amount shall carry interest @ 10% p.a. till realisation. OPs are further directed to pay litigation cost of Rs.10,000/- within the aforesaid period of two months.