Date of filing : 09/11/2021
Date of judgement : 22/10/2024
Smt. Monihar Begum, Hon’ble President in Charge.
The petitioner had made an agreement for sale with opposite party in respect of a Bungalow over a plot of land measuring 2710 sq.ft. over which the bungalow house named ‘KAROBI’ being Unit No.39 having a constructed area measuring about 1995 sq.ft. more or less was to be built contained in Mouza Khajanpur, J,L,No.35 P.S. Parui, District–Birbhum under Sattore Gram Panchayet at a consideration amount of Rs.36,00,000/- (thirty six lakhs)only and out of which the petitioner initially paid Rs.5,40,000/- by cheque.
The petitioner had paid a total consideration of Rs.25,32,600/- to the OPs, the details of which are as follows :
Date | Bank name | Cheque No. | Amount (Rs.) |
28.11.2012 | HDFC Bank | 168720 | 1,00,000/- |
02.04.2013 | HDFC Bank | 206886 | 4,40,000/- |
23.03.2015 | HDFC Bank | 820890 | 1,80,000/- |
04.04.2015 | HDFC Bank | 251189 | 3,60,000/- |
21.06.2015 | HDFC Bank | 027758 | 3,60,000/- |
18.08.2015 | HDFC Bank | 118658 | 3,72,600/- |
11.12.2015 | HDFC Bank | 275460 | 3,60,000/- |
23.02.2016 | HDFC Bank | 381062 | 3,60,000/- |
Total……. | 25,32,600/- |
The above mentioned payments were duly acknowledged by the said OPs by issuing valid receipt to that effect. OPs also agreed to deliver the possession of the said bungalow to the petitioner by December 2015(Clause 10 of the agreement).
OPs failed to handover the possession of the Bungalow, non-issuance of completion certificate and registration of deed of conveyance. Petitioner on several occasion requested the OPs to provide the possession of bungalow within the agreed date, issuance of completion certificate and execution and registration of the deed of conveyance in favour of him on receipt of balance amount of Rs.10,67,400/-. The petitioner alternatively requested to return the earnest money of Rs.25,32,600/- only with @18% interest but the OP had the intention to deceive and defraud the petitioner withholding the said amount of Rs.25,32,600/-. The said acts and conducts on the part of the OPs indicate the deficiency in service and unfair trade practice. As the OPs failed to comply with the request of the petitioners, this case was filed by him against the OPs.
The only point of consideration is whether the petitioner is entitled to give relief(s) in this case.
FINDINGS
We have gone through the petition of the complaint, evidence and also the documents produced on behalf of the petitioners.
- Allotment letter dated 02.03.2015
- Copy of Bungalow value of development/common/incidental cost.
- Agreement for sale
- Acknowledgements details
- Deed of cancellation dated 24.01.2020.
It is found from the said money receipts that OPs received the amount having been paid to them by the petitioner but they failed to give the possession and neglected to comply within the stipulated period as per agreement for sale.
Petitioner claimed possession within the agreed date, to receive the completion certificate and execution and registration of the deed of conveyance in favour of him of the said Bungalow. Alternatively to return of the said amount from the OPs as per agreement for sale.
We think, considering the materials on record, petitioner is entitled to get the said bungalow with completion certificate, execution and registration of the deed of conveyance in favour of him. Alternatively he is entitled to get refund of the said amount along with interest @9% p.a. from the first date of payment i.e. 28.11.2012 and also entitled to get Rs.1,00,000/- towards compensation and Rs.8,000/- towards litigation cost. OPs are liable to pay the said amount.
Accordingly it is
ORDERED
The instant complaint case is allowed exparte against the OPs.
OPs are directed to give possession, to issue completion certificate, to execute and register the deed of conveyance in favour of the petitioner in accordance with the agreement on receipt of balance consideration of Rs.10,67,400/-.
Alternatively petitioner is entitled to get refund of Rs.25,32,600/- along with interest @9% p.a. from the first date of payment i.e. 28.11.2012 to the petitioner within 60 days from the date of this order.
OPs are also directed to pay Rs.1,00,000/- towards compensation and Rs.8,000/- towards litigation cost to the petitioner also within the said period.
The afore said payment shall be made by the OPs within 45 days from the date of this order failing which the petitioner shall be at liberty to proceed in accordance with law.
And also if the order is not complied by the said OPs within the above period, he is liable to the interest of entire amount @10% p.a. until realization.
Directed and corrected by me
Member
