Sri Ashoke Kumar Pal, President
Stripped off unnecessary details the case of the complainant in sort is that on 29.01.2008, the complainant applied for booking one shop room at the premises of “Sun City”, Pailan, P.S. – Bishnupur, South 24 Parganas and paid Rs.50,000/- (Rupees fifty thousand) to the OP No.1. as earnest money. The OP No.1 acknowledged the receipt of the same by issuing money receipt and acknowledgement slip of the application (Annexure ‘A’). Thereafter, the complainant and her husband visited the office of the OPs for further payment of the balance consideration amount of Rs.90,000/- (Rupees ninety thousand). But the OPs did not pay any heed thereof. Again in the month of August, 2011 the complainant and her husband visited the office of the OP to know about the payment of the balance consideration amount but the concerned employees disclosed that they would not take any further amount and hand over the possession of the shop room. The OPs did not execute and register a deed of conveyance in favour of the complainant taking the residue amount. The OPs disclosed that they would refund the amount paid by the complainant. On 02.09.2011 the complainant and her husband visited the office of the OPs and at the request of the OPs the complainant submitted a surrender form along with original agreement, money receipt, acknowledgement slip and photo copy of voter card etc. to start the refund process. Thereafter on 21.05.2013 and 04.06.2013, the complainant further visited the office of the OPs along with her husband to know about the progress of the refund process, but did not get anything except some verbal assurance by the OPs to start the refund process very soon. A legal notice dated 06.08.2019 was sent to the OPs demanding Rs.50,000/- (Rupees fifty thousand) with bank interest. The OP No.2 received the notice on 09.08.2019 but failed and neglected to refund the amount of Rs.50,000/- (Rupees fifty thousand) and bank interest to the complainant and hence this case.
The OPs contested the case by filing W/V contending inter-allia that the case of the complainant is false. It was contended by the OPs that the case is not maintainable as there is no cause of action to file the present case. The OPs also denied all the material allegations para-wise and prayed for dismissal of the case. Lastly, the OPs admitted the case of the complainant and agreed to pay back the principal amount in 5/6 installments.
Points for consideration:-
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get the relief as prayed for?
Decision with Reasons :-
Point No. 1 :- On perusal of the case record along with documents, it appears that the complainant intends to purchase a shop room at premises of “Sun City” at Pailan, P.S. – Bishnupur, 24 Parganas (South) from the OPs and paid Rs.50,000/- (Rupees fifty thousand) to them as earnest money on 29.01.2008 while applied for booking the said shop room. The OPs issued money receipt acknowledging the payment of the same by the complainant (Annexure ‘A’). Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019. As such, Point No.1 is decided in favour of the complainant and against the Opposite Parties.
Point No.2 :- The complainant booked the shop room for purchasing the same from the OPs and paid Rs.50,000/- (Rupees fifty thousand) to them as earnest money on 29.01.2008 while applied for booking the same. The OPs acknowledged the receipt of the same by issuing money receipt to the complainant (Annexure ’A’). The complainant filed the copy of money receipt along with petition of complainant from which it appears that the payment has been properly made by the complainant. On the other hand, despite the payment of earnest money by the complainant who is ready to pay the balance consideration amount, the OPs failed and neglected to hand over the shop room and to execute and register a proper deed of conveyance by taking the balance consideration amount. The complainant finding no other alternative demanded the OPs to pay back the amount of Rs.50,000/- (Rupees fifty) and bank interest. Therefore, it is clear from the averment of the complainant that the OPs are guilty of deficiency in service and unfair trade practice. As such, the second point is also decided in favour of the complainant and against the OPs.
Point No.3 :- The complainant booked the shop room to purchase the same from the OPs and paid Rs.50,000/- (Rupees fifty thousand) to them as earnest money. Despite payment of the earnest money by the complainant who is ready to pay the balance consideration amount, the OPs failed and neglected to hand over the possession of the shop room to the complainant nor they executed and registered a proper deed of conveyance in favour of the complainant taking the balance consideration amount. Ultimately, the complainant sent a legal notice to the OPs demanding the earnest money of Rs.50,000/- (Rupees fifty thousand) with bank interest. Therefore, as the complainant did not get any positive response from the OPs she has been compelled to file the present case against the OPs on the relief sought for in the petition of complaint. As such, there is no hesitation to hold that the complainant is entitled to get the relief as prayed for. The OPs did not pay back the amount of Rs.50,000/- (Rupees fifty thousand) plus bank interest to the complainant which they received from her. As such, the complainant failed to get service from the OPs. On the other hand, the complainant was harassed by the OPs by various ways. Therefore, the complainant is entitled to get the relief as prayed for.
Thus the third point is also decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OPs with cost of Rs.5,000/- (Rupees five thousand).
The OPs are jointly and severally liable and directed to pay back Rs.50,000/- (Rupees fifty thousand) only along with 12% simple interest per annum w.e.f. 29.01.2008 (date of application for booking the shop room and payment of earnest money) till the date of final realization thereof within 45 days from the date of passing this order.
The OPs are jointly and severally liable and directed to pay compensation to the tune of Rs.1,00,000/- (Rupees one lakh) for mental pain and agony suffered by the complainant and deficiency in service on the part of the OPs within 45 days from the date of passing this order i.d., it will carry simple interest @ 12% p.a. from the date of passing this order till the date of final realization thereof.
The OPs are jointly and severally liable and directed to pay the litigation cost of Rs.5,000/- (Rupees five thousand) within 45 days from the date of passing this order.
The complainant is at liberty to put the order into execution after the expiry of 45 days if the orders are not complied with by the OPs within the stipulated period of 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in .
Dictated and corrected by me.
Ashoke Kumar Pal
President
