Date of filing: 29/06/2018
Date of Judgment: 29/05/2023
Mrs. Sashi Kala Basu, Hon’ble President.
This petition of complaint is filed under section 12 of the Consumer Protection Act, 1986 by Smt. Dolon Chapa Tapadar alleging deficiency in service on the part of the opposite parties (referred as OPs hereinafter) namely (1) Sri Tapan Ghosh and (2) Sk. Mokbul Hossain, Managing Director & Director of ABS Land Development & Construction Pvt. Ltd.
Case of the Complainant, in short, is that he booked a plot being plot No. 144 measuring an area of 1440 sq.ft. in the project namely ‘Swapnoneer Abasan’ on 18.09.2008, paying the initial booking amount of Rs. 37,200/- to the OP. An agreement for sale was also executed between the parties on 28.10.2009, whereby OPs agreed to sell the plot as described in the schedule B of the agreement at a consideration of Rs. 1,86,000/- and deliver the possession after its development. Complainant has paid the entire consideration price. But the OPs have failed to execute the sale deed in favour of the complainant. It was agreed that the possession would be delivered within 31.12.2010, but the possession has not been delivered. So, complainant wrote a letter to the OP on 24.05.2018 through his Ld. Advocate calling upon to handover the plot of land with all infrastructural development or in alternatively to refund the amount of Rs. 1,86,000/- along with interest. But neither the possession was handed over nor the money has been refunded. So, the present complaint has been filed by the complainant praying for directing the OPs to refund Rs. 1,86,000/- along with interest, to pay compensation of Rs. 1,00,000/- and litigation cost of Rs. 5,000/-.
Complainant has annexed with the complaint petition, copy of agreement, statement of payment of sum and copy of the demand notice dated 24.05.2018.
OPs 1 & 2 have contested the case by filing written version contending inter alia that the OPs have already developed the said plot. It is the Complainant himself who has taken no step for registration of the deed of sale. So, the OPs have prayed for dismissal of the case with exemplary cost.
During the course of the trial parties adduced their respective evidence followed by filing of questionnaire and reply thereto. Ultimately argument has also been advanced.
So, the following points require determination:-
- Whether there is any deficiency in service on the part of the OPs?
- Whether the Complainant is entitled to the relief as prayed for?
DECISION WITH REASONS
Both the points are taken up together for a comprehensive discussion.
Complainant has claimed that he booked the plot in the project namely ‘Swapnoneer Abasan’ and an agreement was also executed between the parties on 28.10.2009. Complainant has filed the said agreement wherefrom it appears that the OP agreed to sell the plot described in the B schedule of the agreement, after its development, at a total consideration of Rs. 1,86,000/- and agreed to complete the development work within 31st December, 2010.
On perusal of the written version filed by the OP, it appears that the execution of the agreement and the payment by the complainant, has not been disputed and denied. The only contention which has been raised by the OP is that they have already developed the said plot to handover but it is the Complainant himself who did not take any step to register the deed of sale in his favour. But in support of their claim that the said plot has already been developed and demarcated, no document has been filed by the OP. Barring a bare statement in the written version, no document has been filed to show that the project is completed or that they informed at any time to the complainant that the plot was ready. So, in the absence of any document, contention of the OP is nothing but a subsequent development and an afterthought. In such a situation, as neither the plot has been handed over and registered in favour of the Complainant, nor the money has been refunded to the Complainant, he is entitled to the relief as prayed. So, the Complainant is entitled to refund of the said sum of Rs. 1,86,000/- along with interest @ 09% (in the form of compensation).
Hence,
ORDERED
CC/393/2018 is allowed on contest against opposite parties. OPs are directed to pay the sum of Rs. 1,86,000/- to the Complainant along with interest on the said sum @ 09% p.a. from the date of last payment 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 the entire sum shall carry interest @ 09% till realization.
