08/12/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

These are the two Appeals bearing nos. FA126/2014 and FA 1313/2013 arising out of the common judgment passed by the Learned District Forum, Kolkata Unit 1 in CC No. 373/2010 allowing the complaint and directing the OPs jointly and severally to register the  deed of conveyance on receiving the balance amount of consideration  or to refund Rs1,61,474/-, pay compensation of Rs.20,000/- and litigation of Rs.5,000/- within 45 days failing which interest @10% p.a. shall accrue on the said amount till realisation. FA No.126/2014 has been preferred by the complainants praying for enhancement of awarded amount and FA No.1313/2013 has been filed by the OP/Developer. Both the Appeals were heard analogously.

The case of the Complainants/Respondents, in short, is that they booked two plots of land and it was stipulated that the OP would develop the land, deliver the same to the complainants after 36 months on full payment. The Complainants in all paid Rs.1,61,474/-. But no development work was dome and on 07.01.09 after discussion the OP agreed to refund the money paid by the Complainants with 20% appreciation and instructed the Complainants to deposit the original documents with the office of OP. Accordingly, the Complainants deposited all the original documents. But the OP did not refund the money paid by the Complainants. Under the circumstances, the complaint was filed before the Learned District Forum.

The Learned Counsel for the Appellants/Developers has submitted that two plots were booked by the Complainants, but the complaint was filed jointly. It has been submitted that there was no deficiency in service on the part of OPs/Developers.

The Learned Counsel for the Appellants/Complainants has submitted that no development work was made and the plots under agreement were not delivered to the Complainants. It is submitted that the Complainants have filed the Appeal praying for enhancement of awarded amount and the documents in original were deposited, but the ops did not refund the amount.

We have heard the submission made by both sides and perused the papers on record.  Evidently, the OP could not deliver possession of the plot after development of the land.  It has also been averred in the petition of complaint that several attempts were made by the Complainant and after prolonged discussion with the OP held on 07/07/09 the OP agreed to refund the money with 25% appreciation and instructed the Complainants to deposit the original documents in the office of the OP and, accordingly, the documents in original were deposited by the Complainants.  It is also on record that the OPs could not refund the money.  Under such circumstances, the Learned District Forum was not justified in passing direction for registration of the deed of conveyance and we modify the impugned Judgment as hereunder. 

The Appeals are allowed in part.  The OPs of the petition of complaint jointly and severally are directed to refund the sum of Rs.1,61,434/-, pay compensation of Rs.40,000/- and litigation cost of Rs.10,000/- to the Complainants within 45 days from this date failing which simple interest @ 9% p.a. shall accrue on the aforesaid amount from the date of default till realisation.  The other directions passed by the Learned District Forum are set aside.  The impugned judgment stands modified accordingly.  This judgment will govern both the Appeals as stated above.