Date of Filing: 07.12.2018

Date of Judgment: 28.06.2022

Mrs.  Sashi Kala Basu, Hon’ble  President

This complaint is filed by the complainant , Dr. Satyabrata Bag,   under section 12 of the C.P Act, 1986 against the Opposite Parties ( referred to as O.Ps hereinafter) namely 1) Golden Point Land Con. Pvt. Ltd. and 2) Sabir Pailan, alleging deficiency in service on their part.

The case of the complainant, in short, is that the O.Ps acquired 160 bighas of land to develop the said entire acquired land into a township project namely “Pushpa Kunja Township Project” with plotted roads, parks, lakes and various other facilities and amenities. By an Agreement for Sale dated 18.4.2012 complainant agreed to purchase 2 plots of land being no. 29 and 33 at a total consideration of Rs. 10 lac in the said project. The complainant has paid Rs. 14,30,000/- in total so far. But the O.Ps inspite of repeated requests from the complainant, neither handed over possession of the said plots nor refunded the money . A letter was sent by the O.P on 6.3.2016 to the complainant intimating that due to some legal problem they are unable to hand over possession and were ready to refund the sum along with interest. But since the money was also not refunded, nor the plots were delivered, the present complaint has been filed by the complainant praying for directing the O.Ps to refund Rs. 14,30,000/- along with interest @18% p.a till the date of realization, to pay compensation of Rs. 2 lac and to pay litigation cost of Rs.30,000/-.

On perusal of the record it appears that notice was sent but no step was taken by the O.Ps and thus case has been heard exparte. During the course of the trial complainant filed affidavit-in-chief and ultimately the argument has been heard.

So, the only point requires determination is whether the complainant is entitled to the relief as prayed for.

Decision with reasons

In support of his claim that he agreed to purchase 2 plots being plot nos. 29 and 33 , complainant has filed agreement entered into between the parties dated 18.4.2012 and that he has made the payment of Rs. 14,30,000/- in total, complainant has filed several receipts issued by the O.Ps.  However, it may be pertinent to point out that as per agreement entered into between the parties, the total consideration price of the 2 plots of land has been stated at Rs.10 lac , whereas the receipt filed by the complainant and also as stated in the petition of complaint that he has paid total sum of Rs.14,30,000/-  which is much beyond the said price as stated in the agreement for sale. It is not explained by the complainant why the excess amount was paid by the complainant. Be that as it may, a copy of the letter has been filed which is dated 6.3.2016 appears to have been issued by the O.P company ,wherefrom it appears that they have also admitted payment of Rs.14,30,000/- by the complainant and they agreed to pay interest @12% p.a i.e Rs. 6,86,000/- and has stated that total sum of Rs. 21,16,000/- will be paid to the complainant within 40 days of issuing of the said letter.

So, on consideration of the said letter as the O.P admitted about the payment of Rs. 14,30,000/-  by the complainant as claimed by the complainant, especially when before this Commission no contrary material is forthcoming to rebut and counter the claim of the complainant regarding payment of the sum, the complainant is entitled to refund of the said sum of Rs. 14,30,000/- . It appears from the agreement entered into between the parties that there is a clear recital in the agreement that as per terms of the agreement, property was to be developed by the O.P within 18 months from the date of the agreement and it is specifically stated that if the vendor/O.P failed to do so, the purchaser/complainant may leave and cancel the agreement and the vendor agreed to repay the entire paid amount along with interest @18% p.a from the date of the agreement to till the date of the refund. So, on consideration of the said specific recital , complainant is also entitled to interest as per the terms as referred to above @18% p.a.

Hence,

             Ordered

That the  CC/656/2018 is allowed exparte.

O.Ps are directed to refund Rs.14,30,000/- to the complainant along with interest @18% p.a from the date of the agreement to till this date within 2 months from this date.

They are further directed to pay litigation cost of Rs.8000/- to the complainant within the aforesaid period of 2 months. In default of payment, the entire sum shall carry further interest @18% p.a till realization.