Date of filing : 14.5.2018

Judgment : Dt.23.10.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by (1) Piyali Chakraborty and (2) Puja Chakraborty alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Managing Director, (2) Director of Golden Point Landcon Private Ltd.

            Case of the Complainants, in short, is that they booked a plot of land being No.37, measuring about 3600 sq.ft. described in the schedule of the complaint and subsequently, an agreement for sale was also executed between the parties on 5.8.2013. The price of the plot was Rs.2,50,000/- per cottah totaling consideration price of Rs.12,50,000/-. Complainant paid the sum of Rs.11,87,500/- to the OPs out of total consideration of Rs.12,50,000/- on different dates by way of cheques. As per the terms and conditions of the agreement for sale OPs agreed to complete the development of the plot within 18 months from the date of agreement for sale. But even after receiving almost 90% of the total consideration amount, OPs failed to deliver the possession of the plot. Several e-mails and letters were sent by the Complainants to the OPs requesting to deliver the possession and or to refund the money. In response to these letters OPs agreed to refund the money and lastly sent the letter on 27.9.2016 stating that they will refund sum of Rs.16,53,135/- including the interest of 18% within 90 days. But in spite of waiting, the money was not refunded. However, a cheque of Rs.2,00,000/- was given by the OPs to the Complainants towards refund. But the same was dishonoured on the ground of insufficient fund. Thus, as neither the plot has been handed over nor the money has been refunded, the present complaint has been filed by the Complainants for directing the OPs to pay sum of Rs.16,53,135/-, to direct the OPs to pay Rs.3,41,865/- as compensation and for any further order as the Forum deems fit.

            Complainants have annexed with the complaint petition, copy of agreement for sale dt.5.8.2013 entered into between the parties, several money receipts issued by the OP on receipt of the amount from the Complainants, e-mails and also the copies of the letters sent by the Complainant to the OP requesting to refund the money and the reply by the OPs, copy of the complaint lodged by the Complainants before the Behala P.S. dt.25.8.2017 and also the copy of the notice sent by the Complainants through their Ld. Advocate dt.19.6.2017.

            On perusal of the record, it appears that in spite of service of the notices upon the OP, as no step was taken by the OPs, nor filed written version, case came up for ex-parte hearing vide order dt.29.3.2019.

            During the course of the trial, Complainants have filed their affidavit-in-chief supporting their case in the complaint and ultimately filed brief notes of argument.

            So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

In support of their claim that they agreed to purchase the plot being No.37, in the project namely ‘Puspa Kunja Township’ from the OP, Complainants have filed the agreement for sale dt.5.8.2013.

On perusal of the agreement, it appears that the OPs agreed to develop the said plot within 18 months from the date of the agreement and it was further agreed that if OPs (Vendor therein) fail to deliver the possession they agreed to repay the entire amount paid by the Complainants along with interest @ 18% p.a. from the date of the agreement. From the reply given by the OPs in response to the letters sent by the Complainants, it appears that the OPs have admitted payment of total sum of Rs,.11,87,000/- by the Complainants for the said plot. In their last reply dt.27.09.2016, OPs also agreed to pay Rs.16,53,135/- which included the interest @18% as agreed. But it is the claim of the Complainants that the OPs have neither delivered the plot nor have refunded the amount paid by the Complainants. A cheque of Rs.2,00,000/- has also been filed by the Complainants, which was issued by the OPs, but the same appears to have been dishonoured on the ground of insufficient fund.

So, on consideration of the documents, filed by the Complainants and the reply by the OPs admitting the claim of the Complainants, the Complainants are entitled to the refund of the sum paid by them along with interest @ 18% p.a. as per the terms of the agreement from the date of execution of the agreement. However, as the interest is being allowed, we find no justification to allow the compensation as prayed by the Complainants.

            Hence it is

                                    ordered

            CC/251/2018 is allowed ex-parte. OPs are directed to refund Rs.11,87,500/- to the Complainants along with interest on the said sum @18%p.a. from the date of agreement i.e. 5.8.2013 to till this date within two months from the date of this order. OPs are further directed to pay litigation cost of Rs.12,000/- within the aforesaid period of two months. In default of making the payment, the entire sum, shall carry interest @ 18%p.a. till realistion.