Order No. 20 Dated 30/08/2016
The case of the complainant in brief is that o.ps. are the developer and the complainant in order to purchase a plot of land contacted the o.ps. and the complainant paid Rs.40,000/- on 25.10.08 out of total consideration price of Rs.2 lakhs and rest of the consideration money of Rs.1,60,000/- was to be paid by the complainant by 36 installments @ Rs.4444/- as EMI in respect of each installment. On the basis of the said fact an agreement was entered into between the parties and the complainant subsequently paid 27 nos. of installments out of 36 installments i.e. he paid Rs.1,60,015/- till 25.2.11. In spite of the payment of the said amount no work in the project was started and the complainant in order to get absolute title of the land which he was going to purchase demanded some documents but no document was provided. Subsequently the complainant demanded the amount but same was also not returned to the complainant. On the basis of the said fact the complainant filed the instant case praying for refund of the amount of Rs.1,60,015/- along with interest and for compensation and also for litigation cost.
The o.ps. contested the case by filing w/v whereby they denied all the material allegations of the complaint. It was stated that the complainant entered into an agreement with o.ps. after going through the terms and conditions of the said agreement and in the said agreement it was stated that non performance of duty and obligation on the part of the parties is a case of violation of the terms and conditions of the agreement. The complainant failed to pay 36 installments @ Rs.4445/- in respect of each installment for the purchase of the said plot of land. In the said agreement it was also stated that in the event of change in law or in the event of imposition of any restriction and/or stipulation by the appropriate authority and/or authorities or in the event of any order of injunction passed by any court of law the o.ps. cannot be held responsible. The said Vidyutnagar project was abandoned by o.ps. due to restriction imposed by the govt. and/or local authority. Since the o.ps. had no hand in the said completion of the project for which the complainant took part but due to unforeseen event the said project could not see the light of the day and accordingly, o.ps. prayed for dismissal of the case.
On the basis of the pleadings of the respective parties following points are to be decided:
- Was there any contract between the parties for allotment of plot of land in favour of the complainant.
- Has the complainant paid 27 installments out of 36 installments.
- Was there any deficiency in service on the part of the o.ps. in not allotting the land in favour of the complainant.
- Is the complainant 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.
The complainant in the complaint has stated as well as in the affidavit that he entered into an agreement with o.ps. and paid Rs.1,60,000/- out of total consideration of Rs.2 lakhs for having a plot of land in respect of the project in the name of Vidyutnagar. It was also stated by the complainant that as per the terms of the agreement the complainant paid the said money towards the installments and since no document was provided to the complainant, the complainant demanded documents which were not provided for which the complainant had to stop the EMI and subsequently he demanded the money which was not paid by the o.ps. for which the case was started.
Ld. lawyer for the complainant argued that the complainant wants to have the money paid by him as well as interest plus compensation and cost accrued on the said sum.
Ld. lawyer for the o.ps. argued that since the agreement was entered into between the parties and in the said agreement it was specifically stated that in case of failure of the payment of EMI the complainant would not get any advantage for non fulfillment of the terms and conditions of the agreement. Therefore the complainant since failed to pay the entire amount and non compliance of the terms of the agreement the complainant will not be entitled to get the amount as prayed for by him.
It was also argued by ld. lawyer for the o.ps. that in the said agreement it was specifically stated that if the govt. policy changes and due to intervention of local authority or by any order passed by any court of law in respect of the said plot of land the o.ps. cannot be held responsible for non fulfillment of the said agreement, as such, the o.ps. cannot be asked to pay any compensation as sought by the complainant.
Considering the submissions of the respective parties it appears that the o.ps. have also agreed that there was an agreement for sale regarding a plot of land in favour of the complainant with the opening of the scheme in the Vidyutnagar but from the materials on record it is clear that the complainant paid the amount of Rs.1,60,000/- out of the total consideration of Rs.2 lakhs i.e. he paid about 80% of the total consideration price. Naturally the complainant urged for documents which were not provided by the o.ps. The o.ps. did not give any reply to the query made by the complainant and whenever the amount was demanded by the complainant no reply was given and being baffled to have any relief the complainant had to file this case before this Forum seeking for the amount as well as compensation.
Considering the facts and circumstances of the said case it is crystal clear that the complainant has been able to substantiate his claim regarding the amount as well as the conduct of the o.ps. goes to prove that there was deficiency in service on the part of the o.ps. and the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.284/2014 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.1,60,000/- (Rupees one lakh sixty thousand) only and are further directed to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 9% 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.
