Judgment : Dt.16.1.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 122 of the C.P.Act, 1986 by (1)Saikat Singha and (2) Nitisha Singha alleging deficiency in service and unfair trade practice on the part of the Opposite Parties namely (1) D. K. Land Development and Construction Pvt. Ltd. and (2) Asit Pramanik (referred as OP hereinafter).

            Case of the Complainant in brief is that the Complainants jointly booked two plots of land on 01.01.2014 with the OP No.1 in their project namely, Garden City III. The said two plots of land being Nos.380 & 381 are situated within Mouza – Bagi, J.L.No.78, Dag Nos.3549, 3551 & 3572 within P.S.-Bishnupur, Dist.-24 Parganas (South). Total consideration was fixed as Rs.10,07,640/- out of which Rs.3,33,510/- was fixed as booking money as per terms of the allotment letter dt.6.7.2014. It is further stated by the Complainant that as per terms of the allotment letter dt.6.7.2014 the OP stated “…. The sale agreement will be executed upon 50% payment of cost price of plot”. The Complainants have stated that they have paid Rs.5,03,820/- towards cost price of the said plots of lands which is 50% of the cost price of total amount of consideration and the same was also received by the opposite parties (hereinafter referred to as OP) by putting signature and seal therein.

            It is the specific allegation made by the Complainants that in spite of payment of the required amount i.e. 50% of total consideration no communication has been made from the end of the OPs since April, 2015 till August, 2015 and thus the execution of sale deed could not take place. Under such circumstances, the Complainants, as they have stated, had been visited the corporate office of the OPs at Siriti but they found that the office was closed and thereafter in March, 2016 had been visited the project office of the Garden City III where they found one of the staff of OP who assured them that Memorandum of Understanding would be executed within one month but, in reality, that assurance also went in vain. The Complainant has also stated that they have lodged complaint regarding fraudulent acts against the OPs with the Kolkata Police through e-mail on 18.4.2017. Having no other alternative the Complainants have filed the instant petition of complaint praying for direction upon the OPs to prepare an agreement for sale within three months after completion of development of main road and connecting road (s), to refund Rs.5,03,820/- with 12% interest p.a. from March, 2015 until recovery,  to pay Rs.50,000/- towards compensation and to pay litigation cost.

Decision with reasons

            It is evident from the unrebutted unchallenged evidence on affidavit and documents annexed thereto that the Complainants had paid Rs.5,03,820/- to the opposite party as consideration amount in respect of two plots of land being No.380 & 381 are situated within Mouza-Bagi, J.L.No.78, Dag Nos.3549, 3551 & 3572 within P.S.-Bishnupur, Dist.- 24 Parganas (South), which the OP agreed to develop before delivery of possession to the Complainant as it appears from the reverse side of allotment letter.

            It appears from the seizure list in reference of Haridevpur P.S. in Case No.318 dt.12.6.2017 that the original money receipts and allotment letter were seized on production by the P.S.

            It is evident that the OP allotted the said plot of lands to the Complainants on 6.7.2014, but the OP did not develop the  same as per agreed terms till institution of the instant case and not even started development work so far. It is settled that the development work should be completed within the considerable period of time but in the instant case, fact remains that the OPs did not take any initiative for development of said plots of land even after lapse of a spell of more than three years. It is a clear example of deficiency in service on the part of the opposite party.

            Since the plot of land in question has not been developed so far, we think it will be just and proper if he gets the deposited amount refunded along with interest to be accrued thereon.

            In the result, the instant case succeeds in part.

            Hence,

ordered

            That CC/335/2017 and the same is allowed ex-parte in part.

            The OP is directed to refund Rs.5,03,820/- along with interest @ 10% p.a. to be accrued on from the date of filing of this case till realization thereof, within one month from the date of communication of this order.