Dt. of filing – 14/11/2018

Dt. of Judgement – 16/12/2019

Mrs. Sashi Kala Basu, Hon’ble President

        This consumer complaint is filed by the Complainant namely Mrs. Mahua Bardhan under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties namely 1) Golden Point Landcon Pvt. Ltd. 2) Sabir Pailan and 3) Dipankar Naskar alleging deficiency in service on their part.

          Case of the Complainant in short is that by an agreement for sale dated 25/11/2012 Complainant agreed to purchase plot no.383 as described in the schedule of the agreement from the Opposite Parties at a total consideration of Rs.3,20,000/-. Complainant has paid the entire consideration amount to the Opposite Parties. Opposite Parties had agreed to handover possession of the plot of land after expiry of 18 months from the date of execution of the said agreement. But in spite of receiving full consideration money, Opposite Parties have failed to deliver the possession of the said property after its development nor has executed deed of sale. They have also not refunded the amount. So the Complainant filed the complaint before the Consumer Dispute Redressal Cell wherein Opposite Parties agreed to pay the amount. But ultimately mediation failed and thus the present complaint has been filed praying to handover the possession of the plot of land, to execute the Deed of Conveyance or in alternatively to refund the entire consideration amount paid by the Complainant along with interest @ 18%, to pay sum of Rs.1,00,000/- as compensation for harassment and litigation cost of Rs.20,000/-.

          Complainant has filed copy of the agreement for sale dated 25/11/2012, copy of the several money receipts showing payment of the consideration price to the Opposite Parties, copy of the notice dated 22/7/2017 sent by the Complainant, copy of the complaint filed before the Consumer Grievance Cell and the documents relating to mediation proceeding before the said Consumer Grievance Redressal Cell and also the notice sent by the Complainant to the Opposite Parties dated 1/10/2018 through her Ld. Advocate.

          On perusal of record it appears that the notice was sent but inspite of its service, Opposite Parties did not take any step and thus the case came up for ex-parte hearing.

          So the only point requires determination is:-

          Whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

          In support of her claim that an agreement was executed between the parties and that she has made payment of the entire consideration price, Complainant has filed the agreement for sale dated 25/11/2012 entered into between the parties and money receipts issued by the Opposite Parties showing payment of the consideration price by the Complainant. Complainant has also filed the statement of bank account showing payment by her through cheque. On perusal of the agreement it appears that Opposite Parties agreed to develop the plot of land being no.383 in Puspa Kunja Township Project. They agreed to deliver the possession and to execute the Deed of Conveyance within 36 months. But it is apparent that neither the possession has been delivered nor the deed has been executed. On perusal of the documents relating to mediation proceeding before the Consumer Dispute Grievance Cell, it appears that Opposite Parties agreed to refund the entire consideration price along with interest. But it is claimed by the Complainant that Opposite Parties have not refunded the money. Before this Forum as there is absolutely no contrary materials to counter or rebut the claim of the Complainant, Complainant is entitled to the relief as prayed for along with compensation for harassment and mental agony suffered by the Complainant and also as the Complainant will have to pay the cost of registration for the deed, as per present market value of the property. However as the compensation is allowed, we find no justification to allow interest as prayed.

Hence,

               ORDERED

CC/620/2018 is allowed ex-parte.

Opposite Parties are directed to handover the possession of the flat and to execute the Deed of Conveyance in respect of the said plot of land as per agreement dated 25/11/2012 within 3 (Three) months from the date of this order or in alternatively Opposite Parties are directed to refund the entire consideration amount of Rs.3,20,000/- to the Complainant within the aforesaid period of 3 (Three) months.

          They are further directed to pay a sum of Rs.50,000/- as compensation and Rs.12,000/- as litigation cost to the Complainant within the aforesaid period of 3 (Three) months in default the entire sum shall carry interest @12% p.a till realisation.