08/12/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

This Appeal is directed against the judgment and order passed by Learned District Forum, Kolkata Unit-I in CC 194 of 2011 allowing the complaint and directing the OPs jointly and severally to register the deed of conveyance on receiving the balance consideration or to refund Rs1,33,400/-, pay compensation of Rs 20,000/- and litigation cost of Rs  5,000/- to the Complainant within 45 days from the communication of the order.

The case of the Complainant/Respondent, in short, is that the OP is a Developer to promote sale of land after development of land in question to the intending purchaser. The OP booked a piece of land for the purpose of residential use and the total consideration was fixed at Rs.1,20,000/- and the cost of development was Rs.80,000/-. The Complainant deposited in all Rs.1,33,400/-. But the possession of the land was not delivered after development and the complainant asked for refund of the amount already paid by him, but to no effect. Under the circumstances, the complaint was filed before the Learned District Forum.

The Learned Counsel for the Appellant has submitted that there was no deficiency in service on the part of the Appellant and in case of refund 20% should be added as appreciation money.

The Learned Counsel for the Respondent/Complainant has submitted that in spite of payment of money the land was not delivered after development.

We have heard the submission made by both sides and perused the papers on record. The Complainant in the prayer portion of the complaint has prayed for refund of money with interest, compensation and litigation cost. Evidently, the OP could not deliver possession after development of land and as per averment made in paragraph 10 of the complaint the Complainant signed the surrender form and handed over the documents in original for getting the refund of money. Under circumstances, the Learned District Forum was not justified in passing direction for registration of deed.  We, therefore, modify the impugned judgment as hereunder.

The Appeal is allowed in part. The OPs of the complaint/Appellants  are directed jointly and severally to refund Rs1,33,400/-, pay compensation of Rs.20,000/- and litigation cost of Rs. 10,000/- to the Respondent/Complainant within 45 days from this date failing which simple interest @9% p.a. will accrue on the aforesaid amount from the date of default till realisation. The other directions passed by the Learned District Forum are set aside. The impugned judgment stands modified accordingly.