Date of filing : 26.03.2018
Judgment : Dt.27.06.2019
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Mrs. Swati Dutta alleging deficiency in service and unfair trade practice on the part of the Opposite party Golden Point Landcon Pvt. Ltd.
Case of the complainant in brief is that the complainant entered into an Agreement for Sale on 27.10.2012 with the Opposite Party (referred as OP hereinafter ) represented by its Managing Director namely Sri Dipankar Naskar, in respect of a plot of land being no.448, measuring about 3 cottah ( 2160 sq.ft.) in the ‘Puspa Kunja Township Project’ launched by the O.P 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. – Mahestala, Dist – South 24-Pgs. West Bengal at a consideration of Rs.3,75,000/- and paid entire consideration amount. The complainant has stated that the complainant has also paid additional amount for constructing a structure thereon and as per terms of the Agreement for Sale dt. 27.10.2012 possession of the property in question was to be handed over after expiry of 18 months from the date of execution of Agreement for Sale. It is further stated by the complainant that on several times she requested the OP to handover possession and to register the Deed of Conveyance in favour of her and the OP by a letter dt. 19.06.2016 intimated the complainant that the property in question would be handed over within January 2017 . It is specific allegation of the complainant that inspite of receiving entire consideration amount the OP did not handover possession and register the Deed of Conveyance in favour of the complainant even after expiry of 18 months from the date of execution of Agreement for Sale and, in violation of the terms of the agreement intimated the complainant that possession would be handed over within January 2017 but that too never happened and such act of the OP caused mental harassment to the complainant and, therefore, the complainant on 10.03.2018 issued legal notice through her Ld. Advocate upon the OP but that too yielded no fruitful result and, therefore, the complainant by filing the instant consumer complaint prayed for direction upon the OP to handover possession of the property in question and register the Deed of Conveyance in favour of the complainant alternatively to refund entire consideration amount along with interest @ 18% p.a., to pay Rs. 1,00,000/- towards compensation and Rs. 10,000/- as cost of litigation and other reliefs.
The complainant adduced copy of Agreement for Sale dt. 27.10.2012, Money receipts dt. 26.6.11, 28.7.11, 22.10.11,22.10.11, 25.11.11, 27.12.11, 31.1.12, 20.4.12. 25.7.12. 20.12.12, 10.2.13 14.3.13,16.4.13,16.6.13,6.6.13.17.7.13,18.1.14,12.3.14, 12.3.14.14.11.12, 27.6.14, 27.6.14, 12.4.16, 27.7.16, Letter dt. 19.6.16 issued by the OP, to the complainant certificate of allotment, letter dt.17.9.11 issued by OP legal notice dt. 10.3.2018 issued from the end of the complainant.
Notice was served but the OP did not turn up so the case was proceeded exparte vide order dt. 26.10.18.
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 complainant claimed to have entered into an Agreement for Sale with OP on 27.10.2012 in respect of a plot of land measuring about 3 cottah at a consideration of Rs. 3,75,000/- . In support of such averment the complainant has filed a copy of Agreement for Sale dt. 27.10.2012 wherefrom it appears that Agreement for Sale dt. 27.10.l2012 was executed by and between the parties in respect of a plot being no.448 lying and situated at Touzi no.29, J.L. No.40,Khatian No.249, Dag No. 72 under Ashuti 2 No. Gram Panchayet, Mouza – Kalagachia, P.S. – Maheshtala, Dist- South 24-Pgs. It further appears from Agreement for Sale dt. 27.10.2012 that entire consideration amount was Rs. 3,75,000/- and the said property 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.
On perusal of the documents on record it is found that the OP vide letter dt. 17.9.11 informed the complainant that the OP received 20% of consideration amount i.e. Rs. 84,000/- in June & July and balance consideration amount would be paid by the complainant by 36 equal instalments @ of Rs. 9334/- each as per settled terms entered between the parties. However, on perusals of Certificate for Allotment it appears that complainant paid Rs. 84,000/- towards down payment and money receipts shows that as per terms the complainant paid 36 equal instalment of Rs. 9334/- . It is , therefore, evident that the complainant paid entire consideration amount. Money receipt reveals that last instalment was paid on 27.7.16. Letter dt. 19.6.16 issued from the end of the OP also reveals that there was no dispute regarding payment of consideration.
Therefore it is evident that the complainant has been abide by the terms of the said Agreement but the OP in violation of the terms of the Agreement has been deviated from the agreed terms which is glaring example of efficiency in service on the part of the OP and therefore the complainant is entitled to the relief.
Regarding first prayer, we are of opinion that this prayer may be allowed.
Regarding prayer for compensation, we are of opinion that if compensation is allowed it will serve two fold benefit to the complainant and, therefore, we are not inclined to allow such prayer.
The OP compelled the complainant to file this complainant and therefore the OP is liable to pay cost of this proceedings.
In the result, consumer complaint succeeds.
Hence,
Ordered
That CC/157/2018 is allowed exparte with cost.
` The OP is directed to execute and register the Deed of Conveyance in favour of the complainant and handover possession of the plot no.448 lying and situated at Ashuti 2 No. Gram Panchayet , Mouza – Kalagachia, P.S. – Maheshtala, Dist- South – 24- Parganas within two months from the date of this order alternatively to refund Rs. 3,75,000/- along with interest @ 18% p.a. from the date of payment of last instalment i.e. on and from 27.07.2016 till realisation in full.
The OP is further directed to pay Rs. 10,000/- towards cost of litigation within aforesaid period.