Order No.  16  dt.  28/12/2016

       The case of the complainants in brief is that after the demise of Late Subir Sen, husband and father of the complainants discovered that a piece of land situated at Joyanpur, P.S. Sonarpur, Dist South 24 Pgns was booked by Late Subir Sen on payment of Rs.64,000/-, subsequently as per the terms of agreement deceased husband and father of the complainants paid 10 installments of Rs.7100/- and Late Subir Sen also paid the entire consideration price of Rs.3.20,000/-, registration fee was also paid by the predecessor of the complainants. The complainants repeatedly requested the o.ps. to return the amount received by o.ps. but no action was taken for which the complainants had to send a lawyer’s letter and since no action was taken on the part of o.ps. the complainants had to file this case praying for refund of Rs.3,20,000/- and compensation of Rs.1 lakh and damage 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 case is barred by limitation and the case is not maintainable since the recovery of money is a civil dispute and this Forum lacks jurisdiction to entertain the case. the complainants and their family members booked two plot of land and respect of the same self allegation the complainants two number of cases and as such the booking of plot of land is absolutely for commercial purpose and as per the decision of Hon’ble Apex Court booking of more than one unit is of commercial purpose and the complaint case is maintainable, in this respect o.ps. relied on several rulings.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the predecessor of the complainants booked  plot of land.
2. Whether Late Subir Sen, the predecessor of the complainants paid the consideration money of Rs.3,20,000/-.
3. Whether the o.ps. refused to hand over the plot of land or to return the money.
4. Was there any deficiency in service on the part of o.ps.

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            The legal heirs of original complainant Subir Sen stated that the said Subir Sen entered into an agreement for purchasing a plot of land from o.ps. in respect of the plot situated at Sonarpur, South 24 pgns. The complainants’ predecessor Subir Sen paid the entire consideration price including the regn. fee but no plot of land was provided to the complainants and or their predecessor, therefore the complainants had to file this case.

            Ld. lawyer for the o.ps. emphasized that the case is barred by limitation and since this is a case filed by original complainant against the o.ps. for recovery of money this Forum has no jurisdiction to entertain the case. Apart from the said fact ld. lawyer emphasized that the original complainant booked two plot of land which was meant for commercial purpose and this Forum cannot give any relief to the complainants. Accordingly ld. lawyer emphasized that the case is to be dismissed.

            Considering the submissions of the respective parties it is admitted fact that the complainants’ predecessor paid the entire consideration price including the regn. fees which has not been disputed by o.ps. In order to prove the same the complainants filed some documents and also adduced affidavit of evidence. From the materials on record it transpires that the complainants claimed refund of money on being frustrated to get the plot of land from o.ps. From the evidence on record it is an admitted that the o.ps. received the entire consideration amount along with regn. fees for execution of deed of sale in favour of the complainants but did not deliver possession in respect of the land which was agreed to be sold to the complainants. In view of the facts and circumstances as stated and relying on the judgment as decided by Hon’ble State Commission in respect of 1^st Appeal No.A/1448/2014 dt.30.6.16 whereby it was decided by Hon’ble Commission that since the consideration money was paid and o.ps. did not deliver the possession of the developed land which deficiency in service on the part of o.ps. Considering the facts and circumstances of the case we hold that there was deficiency in service on the part of o.ps. and the complainants will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.55/2015 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the complainants a sum of Rs.3,20,000/- (Rupees three lakhs twenty thousand) only towards the consideration amount and are further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten 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.