Date of Filing: 20/06/2019
Date of Judgment: 15/02/2023
Mrs.Ashoka Guha Roy Bera, Hon’ble Member
This complaint is filed by the complainant, Mrs. Basanti Kolay under section 12 of the C.P Act,1986 against the Opposite parties namely Desire Agro Resorts Development Pvt. Ltd. being represented by its directors(herein referred to as O.P), alleging deficiency in service on its part.
The case of the complainant in short is that O.P is a private limited company and engaged in the business of land development thereby developing large scale of land and selling the same in plots to the prospective buyers after its developments .By an Agreement dtd.10.4.2006 made between the complainant and the O.P.s wherein the complainant has agreed to purchase a plot measuring an area 2160 sq.ft in the project which is to agreed to be developed by the O.P at Mouza-Bhasa, Dag No.317, under khatian No.524, J.L. NO. 20, P.S Bishnupur. District- South24-Parganas, Middle Town (Bhasa) 215.On receiving a sum of Rs. 1,82,256/- the opposite parties denied to receive any further EMI from the complainant for the said plot of land which was being paid by the complainant on regular basis. After the acknowledgement of receipts by the O.P.s time and again the complainant had visited the office of the opposite party no. 1 to pay the specified amount of EMI and to get the plot registered in her name but the O.P.s had vehemently refused to accept any installments, and intentionally avoided the complainant by making false stories though earlier the O.P.s time and again had assured to execute and register a Deed of Conveyance in favour of the complainant in respect of the plot of land as agreed upon. Hence smelling some unfair trade practice and illegal acts adopted by the O.P.s particularly when neither the plots were handed over nor the money was refunded, the complainant was compelled to file the instant complaint directing the O.P to hand over the possession of the plots and to execute and register the deed of conveyance or alternatively to refund the part consideration money amounting to RS.1,82,256 paid by the complainant along with interest and further to pay compensation of Rs. 3,00,000 Lacs only and litigation cost of Rs. 10,000/-.
Complainant has filed the Agreement dtd.10.4.2006 for booking of the plot, money receipts, the certificate issued by the O.P in respect of plot of land in question.
O.P is contesting the case by filing written version contending mainly that this is a case of sale of land simplicitor and so complainant is not a consumer under the provisions of C.P Act. Since the present case is not involved consumer dispute, the same is liable to be dismissed.
So, following points require determination:
- Whether the complainant is a consumer under the Consumer Protection Act ?
- Whether there has been any deficiency in service on the part of the opposite parties ?
- Whether the complainant is entitled to the reliefs as prayed for?
DECISIONWITH REASONS
Point no. 1:
O.P in this case has mainly contended that the complainant is not a consumer under the provisions of the C.P Act as this case relates to a simplicitor sale of land. But on a careful scrutiny of the documents inclusive of the Agreement, it appears that terms and conditions consist therein specifically provides that the development of the land would be done and there will be infrastructure relating to development of roads, demarcation of plots, fencing etc. which have to be done by the O.P. So, the said booking application is very categorical that after the development, the plots would be handed over to the complainant and so the service of the O.P was hired by the complainant to develop the land in the said project in respect of the plots which was agreed to be purchased by the complainant. In such a situation, contention of the O.P that this is a case of simplicitor sale of land cannot be accepted and thus this point is answered against the O.P.
Point nos. II& III :
Both the points are taken up together for discussion in order to avoid repetition.
On perusal of the documents filed by the complainant it appears that the complainant hadentered into an agreement with the O.P.s for purchase of a plot measuring an area 1440 sq.ft in the project being developed by the O.P at Mouza Bhasa, Dag No.317,under khatian No.524, J.L. NO. 20, P.S Bishnupur, District- South24-Parganas, being booking No. Middle Town (Bhasa) 215, However, she has filed number of receipts which shows that they were issued by the O.P on receipt of the part payment as agreed between the parties in respect ofthe aforementioned plot. These receipts show that the complainant has paid an amount of Rs.1,82,256/-in respect of the plot no mentioned above.
On a careful scrutiny of the written version as well as the reply filed by the O.P to the questionnaire filed by the complainant, it appears that the O.Ps have not denied and disputed about payment of total sum of Rs.1,82,256/-. So, on consideration of the receipts filed by the complainant showing payment of entire sum of Rs.1,82,256/-,she is entitled to refund of the same, especially when it is the own case of the complainant that here is no such development of the project by the O.P. Complainant is also entitled to the interest in the form of compensation on the said sum from the date of last payment made by her.
Hence,
ORDERED
That CC/300/2019 is allowed on contest against the O.P.
The O.P is directed to refund Rs.1,82,256/-to the complainant along with interest@ 10% p.a on the said sum from the date of last payment made by the complainant till this date within 3 months from the date of this order, in default the entire sum shall carry interest@10% p.a till realization.
O.P is further directed to pay litigation cost of Rs. 10,000/- within the aforesaid period of 3 months.
