Date of Filing : 05/10/2021
Date of Judgement : 18/09/2024
Sri Manish Deb, Hon’ble Member
Case of the complainant in brief is that the complainants entered into an Agreement for Sale on 20.01.2013 with the OP represented by its Managing Director namely Sri Sabir Pailan in respect of two plots of land being Plot No. 27 & 33 both ad measuring about 3 cottach (2160 sq.ft.) each in the ‘Puspa Kunja Phase –I Township Project’ launched by the OP lying and situated at Ashuti, 2 No.Gram Panchayet, Touzi No.29, J.L. No.40 , Khatian No.249, Dag No.72 under Mouza – Kalgachia, P.S. – Maheshtala, District – South 24 Pgs, West Bengal at a consideration of Rs.12,15,000/- and paid advance of Rs.1,51,875 for plot No 27 & paid advance of Rs.1,51,845 for plot No 33.
That on 11th December 2015 the said two plots of land being No. 27 and 33 Land measuring 3 cottah each in plots were registered in favour of the complainants by the opposite Parties after payment of total agreed amount.
Thereafter the complainants have submitted signed Mutation form for the purpose of mutation of the both the plots as per requirement of the opposite parties , but till date of filing of this complaint petition the ops have not forwarded it to the concern BL& LRO Office .
It is further stated by the complainant that on several times they have requested the opposite Party to handover possession of the said registered plots in favour of complainants and the opposite Party intimated the complainant that the property in question would be handed over within short period. It is specific allegation of the complainant that inspite of receiving entire consideration amount the opposite Party did not handover possession and registered plots in favour of the complainants even after expiry of 18 months from the date of execution of Agreement for Sale and in violation of the terms of said agreement for sale,
The opposite Party intimated the complainants that possession would be handed over within January 2017, but such things were not happened .
The complainant also submitted that the scheme plots as Plot No. 27 & 33 which were mentioned in the brochure of the ‘Puspa Kunja Phase –I Township Project’ launched by the opposite Party lying and situated at Ashuti , 2 No.Gram Panchayet, Touzi No.29, J.L. No.40 , Khatian No.249, Dag No.72 under Mouza – Kalgachia, P.S. – Maheshtala, District – South 24 Pgs, West Bengal, were not tally with Physical measurement and identification of the plots as the survey and measurement done by a neutral surveyor.
Whereas such act of the opposite Party caused harassment to the complainant and therefore the complainant follow-up the matter through E-Mail upon the opposite Party but no fruitful result were there .,
Hence the complainant by filing the instant complaint prayed for direction upon the opposite Party to refund the entire consideration amount of Rs. 12,15,000/- with registration cost, along with interest @18% p.a. and also to pay Rs.1,00,000/- towards compensation and Rs.10,000/- as cost of litigation and other reliefs to the complainants.
The complainant adduced copy of Agreement for Sale dated 20.01.2013, Money Receipts , two registered deed of conveyance , from the end of the complainant.
Notice / Summons were served upon ops, but the OPs did not turn up so the case was proceeded exparte against OPs
The complainant prayed or treating the petition of complaint as affidavit-in-Chief. Prayer was allowed.
The complainant filed brief notes of argument.
Decision with reason
The complainants have entered into two Agreement for Sale with opposite Party on 20.01.2013 in respect of a plot of land measuring about 3 cottah each at a consideration of Rs.6,07,500/-. Each In support of such averment, the complainant has filed a copy of Agreement for Sale dated 20.01.2013 wherefrom it appears that Agreement for Sale dated 20 .01.2013 was executed by and between the parties in respect of a plot being No. 27 & 33 situated at ‘Puspa Kunja Phase –I Township Project’ launched by the Ops lying and situated at Ashuti , 2 No.Gram Panchayet, Touzi No.29, J.L. No.40 , Khatian No.249, Dag No.72 under Mouza – Kalgachia, P.S. – Maheshtala, District – South 24 Pgs, West Bengal, It further appears from Agreement for Sale dated 20 .01.2013 that entire consideration amount of Rs.12,15,000/- was paid by the complainant subsequently both plots are registered in favour of the complainants by the opposite Party Being Deed No. 12501 of 2015 and Deed No. 12502 /2015 both registered at DSR-II, Alipore south 24 Parganas.
Whereas the opposite Party has agreed and promised that the said properties/ plots would be developed within 18 months from the date of execution of the agreement for sale and failing which the vendor would refund the entire paid amount along with 18% interest.
Even after lapse of months from the date of agreement and registration the of the two plots, there was no development work in respect of the said two plots. The plots are properly not demarked the opposite Party did not handed over or delivered the possession of the plots in complete and developed in nature/ position to the complainants.
It is evident that the complainant has paid entire consideration money, that there was no dispute regarding payment of consideration.
It is also evident that the complainant have been abide by the terms of the said agreements but the opposite Party has violated of the terms of the sale agreement and has deviated from the agreed terms which is glaring example of efficiency in service on the part of the opposite Party and therefore the complainant is entitled to get the relief.
The OP compelled the complainant to file this complainant and therefore the opposite Party is liable to pay cost of the proceedings.
In the result consumer complaint succeeds.
Regarding prayer of the complainant, we are of the opinion that these prayers for may be allowed.
Regarding prayer for compensation, we are of the opinion that compensation is also be allowed
Though the OP not filed any written version in the case In absence of anything contrary to it, we are inclined to conclude that the non delivery of the possession of the plots in habitable condition by the opposite Parties the complainant are in damaged distressed condition. From the terms and conditions of the OPs, we find that refund of Rs. 33,000/- with interest is admissible
Finally we are of the opinion that the complainant has successfully established his case with respect to deficiency in service on the part of the OPs to the extent of non receiving of ordered Sofa only.
Hence it is
ORDERED
That CC/491 /2021 is allowed exparte with cost.
The Opposite Party is directed to refund Rs.12,15,000/- alongwith actual registration cost for Rs. 1,00,000/- of the two plots with interest @ 9% p.a. from the date of execution of sale agreements until the actual payment in full be made by the opposite Party .
The Opposite Party is further directed to pay Rs. 80, 000/ towards compensation for harassment and mental agony. The Opposite Party is also directed to pay Rs.10,000/ cost of litigation within aforesaid period.
All the above payments should be made within 60 days from the date of this order.
In the event of non compliance by the OP, the complainant shall be at liberty to initiate necessary action as per law after expiry of the aforesaid period.
Dictated and corrected by
Member
