Order No. 14 dt. 02/05/2017
The case of the complainant in brief is that the complainant booked a piece of land on 30.6.04 measuring 1800 sq.ft. being no.B-67 of the Eastern Meadow (Extn.) Project of o.ps. situated at Dist. South 24 Parganas and paid Rs.30,000/- only as booking amount. The complainant paid 36 installments @ Rs.3333/-. The o.ps. provided the documents to that effect after receiving the amount from the complainant. The o.ps. did not take any step for delivery of possession of the land in question upto the month of May 2009. The o.ps. are not willing to give possession of the land in question or to execute the deed of conveyance. The complainant thereafter was informed by one person of o.ps. that the complainant should deposit an amount of Rs.15,000/- in cash for registration charges. The said amount was also paid by the complainant. After realization of the entire amount the complainant was not provided with the land for which the complainant filed this case praying for refund of the amount of Rs.1,64,988/- and interest @ 10% along with compensation of Rs.1 lakh and litigation cost of Rs.30,000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant failed to file any copy of agreement to prove that there was any contract between the parties for sale of the land in question in favour of the complainant. The prayer for refund of the amount as claimed by the complainant was nothing but a civil in nature and this Forum has no jurisdiction to entertain the said case. The case is also barred by limitation. The complainant could have approached the civil court for realization of the money and accordingly o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant entered into an agreement with o.ps.
- Whether the complainant paid an amount to o.ps.
- Whether the o.ps. failed to provide the land in question to the complainant.
- Whether there was any deficiency in service on the part of o.ps.
- Whether the complainant will be entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant on various occasions paid the amount to o.ps. for the purpose of providing the land as assured by o.ps. to the complainant for which the complainant had to wait for several years and on repeated occasions the complainant requested the o.ps. to execute the deed of conveyance in favour of the complainant, but o.ps. did not pay any heed for which the complainant filed this case praying for refund of the amount paid by him as well as compensation and other reliefs.
Ld. lawyer for the o.ps. argued that the case is not maintainable and it is also barred by limitation. The complainant has claimed the refund of the money which is a civil dispute can be decided by a civil court. This Forum has no jurisdiction to entertain the case. Ld. lawyer for o.ps. further emphasized that the complainant failed to produce any document or agreement wherefrom it can be evident that there was an agreement between the parties that the land will be provided to the complainant. In view of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant paid the amount on different occasions and o.ps. issued receipt to that effect and in the certificate issued by the o.ps. it was specifically stated that the land will be provided in respect of Eastern Meadow (Extn.) Project and the price of the plot was also mentioned Rs.1,50,000/- and the measurement of the land was mentioned 1800 sq.ft. and the complainant initially paid Rs.30,000/- and subsequently he paid as per the terms of the said certificate the installment of Rs.3333/- on each month and in such manner he paid the amount in total of Rs.1,49,988/-, the complainant also paid Rs.15,000/- towards the registration charge. In spite of payment of the said amount the complainant was not provided with the land and the amount was not refunded to the complainant in spite of repeated demand. Since the plot of land was not provided and the amount was not paid and because of the intention of o.ps. was to deceive the complainant from getting the amount as well as the plot of land, the complainant had no other alternative but to demand the money. In view of such evidence on record as well as intention of o.ps. to deceive the complainant and the o.ps. adopted unfair trade practice as well as there was deficiency in service on the part of o.ps. and therefore o.ps. are liable to pay the amount as claimed by the complainant. In view of such facts and circumstances as stated above we hold that the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.113/2015 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund a sum of Rs.1,64,988/- (Rupees one lakh sixty four thousand nine hundred eighty eight) only to the complainant along with compensation of Rs.70,000/- (Rupees seventy thousand) only for harassment and mental agony and litigation cost of Rs.20,000/- (Rupees twenty thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
