Consumer Complaint No.479/2018
Date of Filing :08/08/2018
Date of Order :23/09/2022
THANE DISTRICT CONSUMER DISPUTES REDRESSALCOMMISSION
ChandrakantManjunathNaik,
Add:Room no. 2053 ,NaikNiwas,
ShankarbuwaWadi,Ghansoligaon, ….Complainant
Navi MUMBAI - 400701. (Adv. N.B.Sarpate)
V/s
1.Mr.MohanBhasuRathod, ….. Opponent No 1
Managing Director,
PriyadarshanComtech and Developers Pvt.Ltd.
Corporate office at 204, 2nd Floor, SaiVihar Complex,
A Wing, Above Gurudev Hotel, Shivaji Road,
Kalyan(W)- 421301.
(New Name is Priyadarshini Landmark India Ltd.)
At Present having Registered office at:
Priyadarshini Landmark, Dream Mall, L.B.S Marg,
Gala No. 135, 1st Floor, Bhadup(W),
Mumbai- 400078.
2. Mrs. Pushpa Mohan Rathod ,….. Opponent No 2
Director,PriyadarshanComptech& Developers Pvt Ltd,
(New Name is Priyadarshini Landmark India Ltd.)
R/at H No. 1073, MatruPitruChhaya,
Naikwadi, Kon, Thane-42311.
3. Smt. SatyabhamaBhasuRathod ,….. Opponent No 3
Director,PriyadarshanComptech& Developers Pvt Ltd
(New Name is Priyadarshini Landmark India Ltd.)
R/at H No. 1073, MatruPitruChhaya,
Naikwadi, Kon, Thane-42311.
. (Exparte)
Per PoonamV.Maharshi, Member
J U D G M E N T
(23rdSeptember, 2022)
The complaint is filed u/s 12 of Consumer Protection Act, 1986 (hereinafter referred as ‘said Act’) by Complainant named above, alleging deficiency in service u/s 12 and Unfair Trade Practice U/s 2(1)(g) of the said Act . The facts giving rise to file present consumer complaint in short are as under:
2. The Opponent No.1 is a Managing Director ,Opponent No.2and 3 are the Directors in the company PriyadarshanComptech and Developers Pvt. Ltd (herein after reffered as said Company),which is Registered under the Companies Act 1956, having their Address mentioned in the clause title herein above.
3. The Complainant submits that he has purchased four plots of total admeasuring area 4000 sq.ft as unit no.4 under survey no.11/1, 36/1 &36/2 from Opponents for total consideration of Rs.1,40,000/-.for Constructing Residential Row house. The Complainant has paid the amount by pay order bearing no.000431 dtd.13/01/2011 to the said company of Opponents and a receipt no.640 dtd. 13/11/2011 was issued to Complainant. The Complainant and Opponent No.1 on behalf of the said company entered into Notarised Agreement for sale on 20/01/2011.Wherein it was mentioned that the vendor shall deliver the title deeds relating to said property within 12 months from the date of this Agreement .Moreover it was also agreed by the Company that they will obtain necessary order for N.A from Collector or the concerned Authority,But the Opponents failed to do so .However after waiting for more than 06 years for getting plots from the Opponents the Complainant realised that he is being cheated by the Opponents, therefore on 30/10/2017 he made a Police Complaint to the concerned Police Station .As against the said Complaint ,the Police Called the Opponent No.1 to the Police station wherein he gave assurance to Police that he will be meeting the Complainant .Accordingly on 11/01/2018 a meeting was held between Complainant and Opponent no.1 wherein he was informed that Opponents cannot handover the Possession, as the land on which plotting is done cannot become Non Agriculture land .The Opponent No.1 also agreed to refund the amount once he get it.Though the Complainant has paid the entire consideration to the Opponents, they failed to handover the possession of the said 4 plots by doing N.A to the Complainant by executing the registered sale agreement,nor they refunded the amount paid by the Complainant to them.Hence, the Complainant has filed the present Consumer complaint with prayer that the Opponents be declared guilty of deficiency in service and also direct the Opponents to handover the Peaceful Possession of 04 plots by completing all the legal procedure and formalities to the Complainant, incase they are not able to give the possession then to refund claim amount of Rs.1,40,000/- alongwith interest24%p.a from the date of Agreement for Sale with compensation of Rs.1,00,000/- and Rs.1,00,000/- towards mental agony with cost of Rs.1,00,000/- towards legal expenses.
4. After the Complaint was admitted, notices were issued to the Opponents to file their written statement Opponent No. 2 & 3 received notice and with the permission of the Forum (now Commission) notice was issued to Opponent No.1 through paper Publication in the newspaper ‘Maharashtra Janmudra” dtd.10/12/2021. TheOpponents failed to appear before the Forum (Now Commission) and file their written statement. Hence Order to proceed exparte was passed on dtd.29/03/2022. Thereafter, the Complainant filed his affidavitof evidence and written notes of arguments and a Pursis that same be treated as his Oral Arguments.Hence we perused the complaint, documents, affidavit of evidence and written arguments of Complainant filed on record.
5. The following points arose for our consideration. We have recorded our findings thereon for the reasons stated below:
Sr.No. | Points | Findings |
1. | Whether the Opponent has committed deficiency in service to the Complainant? | In Affirmative |
2. | Whether the Complainant is entitled to the reliefs sought? | Partly in Affirmative |
3. | What order? | As per final order |
REASONS
As to Point No.1 :-
6. The Complainant stated on affidavitthat he has booked 4Plots admeasuring about 4000 sq.ft. for total consideration of Rs.1,40,000/-. The perusal of complaint, affidavit of evidence and written arguments shows that the Complainant has paid the entire consideration of Rs.1,40,000/- to the Opponents which is supported by the receipt No.640/- dtd.13/11/2011 annexed by the Complainant at Page No.25. By perusing the complaint and the documents annexed with it in support thereof it is evident that Opponents failed to perform their part of contract and there was no sign that the Opponents would give Complainant possession of said plots by Obtaining necessary order for N.A From collector or concerned Authority.The evidence of Complainant, which is supported by documents ,has gone unchallenged since the opponents failed to file their defence. Considering the above facts it is evident that the Opponents are guilty of “deficiency in service” and has adopted
“unfair trade Practice”, thereby depriving the Complainant of his legitimate claim. Hence we answer the point No.1 in affirmative.
As to point No.2 :-
7. In view of the findings given as to point No.1 in affirmative it has become clear that, Opponents have caused deficiency in service to the Complainant. The Complainant has prayed that, either he shall be given the possession of the said 04 plots or in alternative to refund the amount he has paid to the Opponents with interest. According to us, considering the facts and circumstances of present case, it would be just and appropriate to direct the Opponent No. 1 ,2 and 3 to jointly and severally refund the amount of Rs.1,40,000/- to the Complainant alongwith interest @12%p.a from the date of payment made by Complainant i.e.13/01/2011 till date of realization of the amount. The Complainant is also entitled to get Rs.25,000/-as compensation and ,Rs 10,000/- towards mental agony and Rs.10,000/- as to the cost of the proceeding. Hence we pass the following order:-
FINAL ORDER
- The Consumer Complaint No.479/2018 isPartly Allowed.
- The OpponentNo. 1 ,2 and 3 are Jointly and severally directed to refundRs.1,40,000/- with interest at @12% p.a. from the date of last payment i.e.13/01/2011 till realization to the Complainant.
- The OpponentNo. 1 ,2 and 3 are Jointly and severally directed to pay Rs 25000/- as compensation ,Rs 10,000/- towards mental agony and Rs.10,000/- for litigation charges to the Complainant.
- The Opponent No. 1 ,2and 3 are Jointly and severally directed to comply the order within 30 days from the receipt of the copy of the order .
5.The Member Set be returned to the Complainant.
6. The Copy of this order be furnished to both the partiesfree of cost.
Place: Thane
Date:23/09/2022
sd/- sd/-
Vijay C. Premchandani (PoonamV.Maharshi)
President Member
