Date of filing : 13/06/2014
Order No. 24 dt. 10/04/2018
The case of the complainant in brief is that the complainant, on being attracted with the advertisement made by o.ps., applied to o.ps. for purchasing a plot of land. On the basis of the said fact the complainant entered into an agreement with o.ps. by paying an amount of Rs.32,000/- on 22.1.05. Since o.ps. wanted to develop the land the complainant subsequently paid the amount as per the terms of the said agreement. The complainant filed photocopies of the money receipts. The complainant while found that the said project was not being materialized the complainant demanded the amount paid by him to o.ps. but o.ps. did not pay any heed for which the complainant filed this case praying for direction upon the o.ps. to refund the amount of Rs.2 lakhs as well as compensation and litigation cost.
The o.ps. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the allegation made by the complainant is false and frivolous and the case is not maintainable since the grievance of the complainant does not come within the purview of C.P. Act. The complainant could not produce the money receipt in support of the said contention. The o.ps. emphasized that the case filed by the complainant has got no merit and the same is to be dismissed accordingly.
On the basis of the pleadings of the respective parties following points are to be decided:
- Whether the complainant entered into an agreement with o.ps. for purchasing a plot of land?
- Whether the o.ps. tried to develop the land in question and wanted to transfer the plot of land in favour of the complainant?
- Whether the complainant paid the amount?
- Whether there is any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant, on being attracted with the advertisement made by o.ps., applied to o.ps. for purchasing a plot of land. On the basis of the said fact the complainant entered into an agreement with o.ps. by paying an amount of Rs.32,000/- on 22.1.05. Since o.ps. wanted to develop the land the complainant subsequently paid the amount as per the terms of the said agreement. The complainant filed photocopies of the money receipts. The complainant while found that the said project was not being materialized the complainant demanded the amount paid by him to o.ps. but o.ps. did not pay any heed for which the complainant filed this case praying for direction upon the o.ps. to refund the amount of Rs.2 lakhs as well as compensation and litigation cost.
Ld. Lawyer for the o.ps. argued that the allegation made by the complainant is false and frivolous and the case is not maintainable since the grievance of the complainant does not come within the purview of C.P. Act. The complainant could not produce the money receipt in support of the said contention. The o.ps. emphasized that the case filed by the complainant has got no merit and the same is to be dismissed accordingly.
Considering the submissions of the respective parties it is an admitted fact that the complainant entered into an agreement with o.ps. for purchasing a plot of land which o.ps. wanted to develop. On being attracted by the terms of the said agreement the complainant entered into the agreement with o.ps. and o.ps. also received the amount of Rs.2 lakhs from the complainant phase by phase. The complainant also filed the photocopy of the receipt showing that he paid the said amount. It appears from the materials on record that the complainant demanded the said money from o.ps. but o.ps. failed to give any response to the demand made by the complainant. On the basis of the said fact we hold that there is deficiency in service on the part of o.ps. and the complainant will be entitled to get the money paid by him as well as compensation and litigation cost. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.404/2014 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.2,00,000/- (Rupees two lakhs) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
