For the complainant - Smt. Archana Roy Chowdhury, Advocate
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short; is that the complainant had entered into an Agreement for Sale dated 23.08.2013 with the OP M/s. Lord Realty Private Limited for purchase of a plot of land measuring about 04 cottahs (2880 sq. ft.) more or less being Unit No. B-74 in Zone 09 at Lord City, Sonarpur at a total consideration of Rs.4,00,000/-. In terms of the Agreement for Sale, the complainant paid the entire consideration amount of Rs.4,00,000/- to the OP against money receipt and the OP issued allotment letter dated 12.08.2011 in respect of a plot of land measuring about 2880 sq. ft. being Unit No. B-74 in Zone 09 at Lord City, Sonarpur and also undertook to execute the development work of the said plot of land. Despite several request and reminders, the OP failed and neglected to hand over possession of the subject plot of land and also did not execute and register Deed of Conveyance. Ultimately, complainant issued legal notice dated 02.01.2019 to Mr. Anwar Azim, Chairman & Managing Director of OP M/s Lord Reality Pvt. Ltd. with a request to refund the entire consideration amount within 15 days from the date of receiving demand notice. Such notice was unattended. Finding no other alternative, the complainant has filed the instant consumer complaint before this Forum seeking redress and relief as incorporated in the prayer of the complaint.
OP despite service of notice of the complaint has failed to file WV within the limitation provided U/s 13 (2) of the CP Act, 1986. No request for condonation or extension of time for filing WV was made. Thus, the right of OP to file WV was closed vide procedural order dated 26.11.2016.
DECESION WITH REASONS
Complainant Sri. Amar Kumar Sharma has filed his evidence by way of affidavit supporting the allegation made in the complaint. Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced in support of the complaint. On perusal of the documents annexed with the consumer complaint, it appears that complainant has been allotted Unit No. B-74 in Zone -09 measuring about 2880 sq. ft. of land at Lord City, Sonarpur and Mr. Anwar Azim, Chairman & Managing Director of OP M/s Lord Reality Pvt. Ltd. executed an Agreement for Sale dated 23.08.2013 in respect of the subject plot. Money receipts go to show that the complainant paid the entire consideration amount of Rs. 4,00,000/- to the OP. In terms of the Agreement for Sale, the OP was liable to hand over possession of the subject plot of land and also execute and register Deed of Conveyance in favour of the complainant. The complainant agitated his grievance to the OP over telephone and also issued legal notice dated 02.08.2019 with a request to refund the entire consideration amount within 15 days from receiving of the demand notice but such notice was unattended. As the OP has opted not to file WV despite service of notice of complaint, the allegations are deeded to have been admitted as correct. In order to prove said allegation complainant Amar Kumar Sharma has filed his affidavit reaffirming the allegation. Thus, its stand to prove that despite of having received Rs. 4,00,000/- the OP failed and neglected to hand over possession of the subject plot and also did not execute and register Deed of conveyance in faovur of the complainant.
We do not find any reason why the OP Company has received the amount of Rs. 4,00,000/- from the complainant and utilized such money for its own gain. In absence of any explanation for failure to comply the terms and conditions of the Agreement for Sale dated 23.08.2013, we have no hesitation in concluding that the OP has committed deficiency in service as also indulged in unfair trade practice which caused harassment, mental pain and agony to the complainant.
Now the question is to what should be the amount of compensation is granted to the complainant? Ld. Advocate for the complaint has pressed 18/ percentinterest on the aforesaid amount including compensation and ligation cost. The claim of interest at the rate of 18 percentP.A. is too much excessive. In our consideration view, it would adequately meet the ends of justice, if simple interest at the rate of 5 percentP.A. and Rs. 25,000/- is granted in favour of the complainant as compensation on account of mental agony, pain and physical harassment suffered by the complainant.
In view of the above discussions, the consumer complaint is allowed in part ex parte against the OP with following directions:-
- The OP is directed to refund Rs. 4,00,000/- (Rupees four lacs) only to the complainant along with simple interest at the rate of 5 percentP.A. from the date of filing of the complainant (i.e 26.08.2019) till actual payment.
- The OP is directed to pay Rs. 25,000/- (Rupees twenty five thousand) only as compensation on account of mental agony, pain and physical harassment suffered by the complainant.
- The OP is also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation expenses to the complainant.
The above directions be complied by the OP within a period of 45 days from the date of the order, failing which the complainant shall be at liberty to execute the order by filing application under Sections 25 & 27 of the CP Act, 1986 against the OP.
Order be communicated to the complainant as per rules.
