Order No. 20 dt. 23/05/2017
The fact of the case in brief is that the complainant underwent an agreement with M/s Desire Agro Resorts Development (P) Ltd, P-85, Lake Road, Kolkata-700 029 for purchasing a plot of land with it’s development measuring 1800 Sq. Ft., situated at Mouza-Jaikrishnapur, J.L.No.63, Police Station-Sonarpur, Khatian No. 2867 Dag No.1643 against a total consideration of Rs.2,00,000/-. Complainant paid Rs.40,000/- to the o.p. against receipt dated 27.10.2008 The rest of the consideration was scheduled to be paid by the complainant in 36 installments @ Rs.4444/- only in each. In the agreement it was assured that the o.p. would hand over the plot of land after its development for the purpose of its use. After maiden payment of Rs.40,000/- complainant paid 26 installments @ Rs.4445/- and succeeded to pay Rs.1,55,570 till 28.01.2011.On enquiry, complainant came to know that the project titled as ‘Bidyut Nagar’ on the location stated above had not yet been started. Complainant visited the site and found that there was no development as assured in the agreement and decided to stop payment in this regard. Thereafter complainant issued a letter dt. 16.06.2011 asking the present position of the project. Complainant came to know that the project would not be completed shortly and requested the o.p. for refund of the money deposited with the o.p. immediately vide letter dt.19.09.2012.The o.p. did not pay any heed to the request of the complainant and the complainant being aggrieved lodge this complaint seeking relief with compensation of Rs.1,00,000/- and litigation cost of Rs.20,000/-.
O.p. contested this case by submitting w/v. Ld. Lawyer of the o.p. has argued that the complainant is frivolous, speculative, the dispute of land is beyond the purview of the C.P.Act, 1986. The project of Bidyut nagar has been abandoned due to the imposition of restriction by the Government against which o.p. can not move. There is no deficiency in service on the part of the o.ps as alleged by the complainant and not liable to pay any compensation, cost etc. to the complainant and as such the prayer for compensation is liable to be rejected with exemplary cost.
On the basis of the pleading of the parties the following points are to be decided.
- Whether the complainant paid the consideration as agreed for the purpose of purchasing a plot of land with it’s development?
- Whether there was any deficiency in service on the part of the o.p?
- Whether the complainant is entitled to get any 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 of the complainant argued that the complainant surrendered the documents of the plot and asked for refund of money to the o.ps but till the month of September,2012 the o.ps failed and neglected to refund the money to the complainant for which the complainant again by letter dated 14.09.2012 further reminded to refund the deposited money of the complainant but till date no effective steps has been taken by the o.ps.
O.p. failed to provide the land with developmental service thereon in complaint with the terms and condition of the agreement Therefore there is a deficiency in service on the part of the o.p. otherwise it would be term as UTP for which o.p. is liable to pay compensation and lost also.
Considering the submission of the respective parties it is an admitted fact that complainant entered into an agreement with o.p. for purchasing a plot with its development by payment of Rs.2,00,000/- and the complainant paid Rs.1,55,570/-. Since the o.p. did not develop the land complainant discontinued the payment and demanded for refund of the deposited money. It is therefore, cosidered that there was deficiency in service regarding development and handing over the plot of land in time.
Therefore, we hold that there was deficiency in service on the part of the o.p. and the complainant will be entitled to get relief . Thus all the points are disposed of accordingly.
Hence, ordered.
That the case no.283/2014 is allowed on contest with cost against the o.p. O.p. is directed to pay Rs.1,55,570/- to the complainant with compensation of Rs.10,000/- and litigation cost of Rs.5,000/- only. O.p.is also directed to pay the aforesaid amount within 30 days from the date of this order i.d., an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
