Judgment : Dt.20.12.2017

Shri S. K. Verma, President

            This is a complaint made by one Smt. Rakhi Biswas, wife of Sri Chandan Biswas, residing at P.O.-East Baidyadharpur, P.S.-Jagatdal, PIN-743 127, Dist.-North 24-Parganas against M/s Broadway Realtors Pvt. Limited, having its registered office at premises being P-593, Purna Das Road, P.S.-Lake, Kolkata-700 029, OP No.1, Shri Arun Kumar Sarkar, son of Late Prodesh Chandra Sarkar, Director of M/s Broadway Realtors Pvt. Limited, having its registered office at premises being P-593, Purna Das Road, P.S.-Lake, Kolkata-700 029, OP No.2, Smt. Krishna Das Bose, Director of M/s Broadway Realtors Pvt. Limited, having its registered office at premises being P-593, Purna Das Road, P.S.-Lake, Kolkata-700 029, OP No.3 praying for a direction upon the O.P. to deliver the physical possession of plot of land scheduled in terms for agreement for sale dt.5.4.2006 and further direction to the OPs to  execute and register the deed of conveyance alternatively to direct OPs to refund the money taken by them from the Complainant with bank interest and to grant injunction and a direction upon the OPs to pay compensation of Rs.2,00,000/- and litigation cost.

            Facts in brief are that OP is a Pvt. Ltd. Company engaged in developing and promoting the land, building constructions and other allied works. OP No.2 to 3 are Directors of OP No.1. Complainant is a housewife and  was in search of a plot of land for the purpose to fulfill her dream for constructing her own house. On the approach OPs and Complainant entered into an agreement for sale on 5.4.2006 in regard to a plot of land being No.BB/14 measuring about 2 kothas more or less 1450 sq.ft. butted and bounded on the North by plot No.BB/6, on the South  20 ft. road, on the East plot No.BB/13 and on the West plot No.BB/15 for a consideration of Rs.2,00,000/-. Complainant paid the consideration money as per the terms. On several occasions, Complainant went to the office of the OPs and requested to handover possession of the plot, but of no use. Complainant issued a notice to the OPs, but despite that OPs did not handover the possession and made the conveyance deed. So, Complainant filed this case.

            OPs filed written version and denied the allegations of the complaint. With these denials OPs prayed for dismissal of the complaint.

Decision with reasons

            Complainant filed affidavit-in-chief to which OPs filed questionnaire and Complainant filed affidavit-in-reply.  OPs did not file evidence and so the case was fixed for argument. Ld. Advocates for both the sides argued the case.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            In this regard, on perusal of the prayer portion, it appears that the Complainant has prayed for delivery of possession of the plot to her. Further, on perusal of copy of agreement for sale, it appears that on the last page for agreement for sale both parties have signed. Further, since OP did not file evidence, it can be said that the allegation brought by Complainant are not denied. There is no denial that Complainant did not pay the total consideration money. So, we are of the view that if OPs are directed to refund Rs.2,00,000/- to the Complainant, object of justice would be served.

            Complainant has also prayed for compensation and litigation cost.

            Considering the facts and circumstances, if compensation of Rs.20,000/- and litigation cost of Rs.10,000/- are awarded, the justice would be served.

Hence,

ordered

         CC/240/2017 and the same is allowed on contest. OP is directed to refund Rs.2,00,000/- to the Complainant with Rs.20,000/- compensation and Rs.10,000/- litigation cost within two months of this order, in default the total amount of Rs.2,30,000/- shall carry interest @ 10% p.a. from the date of filing of this complaint till realization.