Judgement
SHRI REYAZUDDIN KHAN
This is an application U/S.34 read with 35 of the C.P Act of 2019
The complainants being attracted from the advertisement and booked one plot of land with residential bungalow from the said project site at Nepal Gunj Road,Mouza-Amgachia,P.S- Bishnupur,Pailan,Kolkata-700104 named the project as “Larica Green Hamlet Project”.The OPs have issued Allotment certificate dated 09.07.2013 bearing registration No.D-229 where the total price of land mentioned plot no.A/46 measuring 2.5 Cottah is 11,25,000/ (Rupees Eleven Lakh Twenty Five Thousand)only and the total price for bungalow type B-4 measuring 1560 Sq.ft is Rs.29,42,440/ (Rupees Twenty Nine Lakh Forty Two Thousand Four Hundred and Forty) only.After payment OPs have executed a “Deed of Conveyance” dated 24/04/2014 being deed no.I-04580 in favour of complainants and sold the plot of land being plot No.A-46 against a piece and parcel of land measuring 2.5 Cottah or equivalent to 1800 Sq.ft.more or less.That on 24/05/2014 prior to the registration of “Deed of Conveyance” of The Deed No.I-04580 of 2014 ,the OP3 has executed a “Deed of Agreement” prepared by them where it was mentioned that the OPs will construct and deliver the bungalow type-B4 having total builtup area of 1560 Sq.ft,however the date of Deed of Agreement kept blank.The complainants have paid total amount of Rs,11,25,000/ only towards total consideration of land and Rs,23,25,145/- only towards Bungalow as part payment arising out of the total price of Rs,29,42,440/-.The complainant is continuing the payment of EMI against Housing loan from LIC Housing Finance Ltd.
Total Amount paid by the complainants to the OPs
Value of Land …...............................................................................11,25,000.00
Govt.stamp duty,Registration of Deed of Conveyance........................68,732.00
Towards Bungalow payments............................................................23,25,145.00
Payments towards extra works..........................................................2,16,728.00
Payments towards Panchayat Tax......................................................1,210.00
Service Tax charged by Larica Estate.................................................40,295.00
GST charged by Larica Estate.............................................................16,920.00
Interest on loan paid to LICHFL till July 2022....................................6,05,348.00
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TOTAL …...............................................................................................................43,99,378.00
The complainant stated that on 07/10/2020 an email received from OPs in which they claim an amount of Rs,31,07,374/ (Rupees Thirty One Lakh Seven Thousand Three Hundred Seventy Four) only as Bungalow price instead of actual amount of Rs,29,42,440/.They added fictitious measurement of 162.16 sq.ft for Mumty room construction and total measurement stands 1647.60 sq.ft insted of 1560 sq.ft.
The complainants further stated that on 08.04.2021 an email addressed to All plot owners of Larica green Hamlet,Pailan mentioned that in the year 2013 the state of West Bengal initiated a vesting proceeding in respect of the projects in the name of Larica Estates Ltd.and it declared a part of land under Larica Green Hamlet as vested.The matter is still pending before Calcutta High Court and an order of status Quo is still prevailing.OPs have suppressed the facts and collected huge amount of money knowing fully well that the land is vested by the Govt. of West Bengal.
The complainants have paid the entire amount for the land and the bunglow since their booking from the year 2013 without a single delay or default.The OPs have falsely and mischievously misappropriated the money taken from the complainants just to achieve their own wrongful goal.The OPs have failed to complete their project and handover the possession. The OPs are guilty of deficiency in service and unfair trade practices by not fulfilling their commitment.
In view of the facts and circumstances the complainants have no other option but to come to the Hon’ble commission for justice against the lack of transparency,lack of deceitful practices by the OPs.
Hence, the complainant prayed for direction to OPs to refund the amount of Rs,43,99,378/ through progressive interest @24% P.A till the date of recovery of the entire amount,direct the OPs to pay to the complainant Rs,30,00,000/ for causing mental agony/harassment and a litigation cost of Rs,1,00,000/.
On perusal of records, we find that notice was served upon OPs and the OPs have not entered appearance. On 21.02.2023 the matter was fixed for ex parte hearing of the case . As such, the stipulated period of filing WV on the part of the OPs have already been over. There was no prayer on the part of the OPs to accept the WO. On 01.11.2023 the case was finally heard ex parte. No steps was taken by the OPs in the meantime.
Points for Determination
1) Whether the OPs are deficient in rendering proper service to the Complainants?
2) Whether the OPs have indulged in unfair trade practice
3) Whether the complainants are entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 2 :-
The above mentioned points are taken up together for the sake of convenience and brevity in discussion.
We have travelled over the documents placed on record. The complainants have filed his Evidence supported by affidavit. The case has been proceeded ex-parte against OPs . The OPs have not filed the E-Chief and not submitted their BNAs also. The fact of the case in brief is that the complainants jointly booked one plot of land measuring 2.5 Cottah with Bungalow within the project named “Larica Green Hamlet” at Nepal Gunj Road,Amgachia,Pailan, Kolkata-700104.OPs have issued “Certificate of Allotment”dated 09.07.2013 mentioning the price of land and Bungalow.The complainant availed a loan from LIC Housing Finance Ltd being account no.2123001611.The amount was directly paid to Larica Estate Ltd as and when demanded. The total amount paid till July 2022 was 43,99,378.The OPs have sold the project and collected huge amount of money suppressing all facts of land vesting by the Govt. of West Bengal.The complainants have invested in the consideration of land,cost of deed stamp duty and deed of registration fees and other expenses.The OPs have paid the composite package of land with Bungalow and paid interest against the loan.The complainants have requested time and again for refund of the entire money with interest but OPs did no pay heed to their grievances. The OPs have sold a disputed land and had taken the booking for their composite package of land and Bungalow.This shows negligence and unfair trade practice ,deficiency in service and suppression of facts on the part of the OPs are proved and the complainant is entitled to get relief/reliefs.The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainant has invested Rs,43,99,378/- (Rupees Forty Three Lakh Ninty Nine Thousands Three Hundred Seventy Eight - to the OPs for their valuable property.The OPs failed and neglected to pay the invested amount with interest to the complainant and the act and conduct of the OPs are clear case of deception, which resulted in the injury and loss of opportunity to the complainants. Had the complainant not invested his money with the OPs, he would have invested the same elsewhere. The complainants cannot be wait indefinitely to get the invested amount. The complainants have suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainants have to wage a long drawn and tedious legal battle. In these circumstances, the complainants are entitled to refund of invested amount with interest related to land and Bungalow booking,along with compensation..
In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service is observed.
In view of the above facts and circumstances we are of the view that the complainant has established his case against the OPs.
Hence,
Ordered
That the complaint case be and the same is allowed on ex-parte against OPs by following directions.
- The OPs are jointly or severally are directed to refund the invested amount of Rs,43,99,378/- (Rupees Forty Three Lakh Ninty Nine Thousands Three Hundred Seventy Eight with 12% interest p.a from the date of the filing of the complaint petition in favour of the complainants.
- The OPs are jointly or severally directed to pay Rs,2 lakhs as compensation for unfair trade practice, harassment and mental agony.
The above mentioned orders are to be complied by the OPs within a period of 60 days in default the complainants will be at liberty to put the order into execution as per rules.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and
Judgment be uploaded in the website of the Commission for perusal of the parties
