Date of Filing: 29.05.2018
Date of Judgment: 14.07.2022
Mrs. Sashi Kala Basu, Hon’ble President
This complaint is filed by the complainant , Mrs. Swapna Sarkar under section 12 of the C.P Act, 1986 against the Opposite parties namely Desire Agro Resorts Development Pvt. Ltd. (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. The complainant agreed to purchase 2 plots measuring an area 1440 sq.ft and 2160 sq.ft respectively in the project being developed by the O.P at Middle Town (Bhasa) & Uttar Kazihat, Diamond Harbour Road, P.S Bishnupur. District- South 24-Parganas , Kolkata – 700 104 at a consideration of Rs. 2,60,000/- and Rs. 3,90,000/- i.e total sum of Rs. 6,50,000/-. On receiving the booking amount of Rs. 1,20,000/- the booking certificate with particulars of plot in respect of plot no.413 was issued by the O.P in favour of the complainant. But with regard to the second plot being no. P303 the same was not given by the O.P to the complainant. The complainant however paid the entire consideration price in respect of both the plots. But inspite of several representations to the O.P and its Managing Director, the O.P has neither handed over the plots nor executed and registered the deed. A demand notice was also sent by the complainant through her Ld. Advocate . But since neither the plots were handed over nor the money was refunded, the present complaint has been filed by the complainant for 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 entire consideration paid by the complainant and further to pay compensation of Rs. 10 Lac and litigation cost of Rs. 25000/-.
Complainant has filed the application for booking of the plots, money receipts , the certificate issued by the O.P in respect of plot no. 413 and the demand notice sent by the complainant through ld. Advocate and also a letter sent by the O.P company dated 15.9.2010 to the complainant.
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 ?
DECISION WITH 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 booking application, 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 had bought 2 plots being plot no. 413 and 303 , but complainant has filed only one certificate issued by the O.P in respect of plot no. 413. However, she has filed number of receipts which shows that they were issued by the O.P on receipt of the consideration price as agreed between the parties in respect of not only plot no. 413 but also for the plot no. 303. These receipts show that the complainant has paid an amount of Rs. 2,60,000/- in respect of plot no. 413 and Rs. 3,90,000/- in respect of plot no.303.
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. 6,50,000/- . Apart from this, a letter is also sent by the O.P dated 15.9.2010 to the complainant, wherein certain option is given to the complainant, but it is nowhere stated that any amount is due or that there was no agreement to sale 2 plots as claimed by the complainant. So, on consideration of the receipts filed by the complainant showing payment of entire sum of Rs. 6,90,000/- , she is entitled to refund of the same ,especially when it is the own case o f the complainant that there 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/312/2018 is allowed on contest against the O.P.
The O.P is directed to refund Rs. 6,50,000/- 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.
