HON’BLE SUDIP NIYOGI PRESIDENT FACTS The case of the Complainant in short is that: - He had applied to purchase a plot of land measuring about 2 Kathas under Code No.A3251M/B1712A/F0640A/H0726N dated 23.11.2005 under the project – “FILM CITY-28” situated at Mouza- Raghabpur & Cheary, P.O.- Bishnupur, P.S.- Sonarpur, District – 24 Parganas (South) from the OPs on certain terms and conditions and paid Rs.64,005/- on 23.11.2005 and Rs.32,004/- on 23.11.2005 out of the total consideration amounting to Rs.1,20,000/- including the cost of development. No separate deed of agreement was executed by the parties as the OPs assured the Complainant that the terms and conditions will remain the same which had earlier been executed by and between the Complainant and the OPs for another project in the same area Complainant paid the entire amount of consideration including the cost of registration of a deed of conveyance to the OPs and he paid in total Rs.1,32,062/-. The OPs were to hand over the vacant peaceful possession of the said plot of land after developing the same in favour of the Complainant within three to five years from the date of execution of the agreement and also execute the deed of conveyance. But, even after lapse of the said period, OPs did not hand over the possession and execute the deed of conveyance despite repeated requests. So, Complainant alleged deficiency in service and also unfair trade practice on the part of the OPs and prayed for several relief(s) including compensation etc. as mentioned in the petition of complaint. OPs contested this case by filing a written version wherein they claimed that the instant complaint cannot be entertained by this Commission as the subject matter of the case is beyond its jurisdiction. They also claimed the complaint is barred by law of limitation. The other allegations of the Complainant were also denied. Complainant filed Evidence in chief on affidavit. On the prayer of the OPs written statement filed by them was treated as Evidence on their behalf. That apart, both parties filed questionnaires and also gave replies. Both parties also filed written argument. Now, the Point of Consideration is Whether the Complainant is entitled to the relief(s) as prayed for. FINDINGS In this case what is admitted is that no written agreement was filed by the parties. The Complainant claimed that no separate deed of agreement was executed between them because OPs had assured the Complainant that the terms and conditions would be the same which was executed between them in connection with another project in the same area and the said agreement was dated 02.12.2005. Though no written agreement is filed but the materials on record, namely, the money receipts reveal that the Complainant paid Rs.1,32,062/- including Rs.12,000/- towards cost of registration. He made the said payments in total by making different dates and sometimes by cash and sometimes by cheque. The copies of receipts which were issued by the OPs i.e. M/s Desire Agro Resorts Development Private Limited, were submitted. Complainant also filed one sketch map of the project along with the price chart for the said project “FILM CITY-28” which is said to be developed by the OPs. In their written argument, Complainant claimed that the instant case is a case for sale of plot of land simpliciter and there is no allegation of proposed after sales service in any manner whatsoever. In support of their contention, the decisions of the Hon’ble State Consumer Disputes Redressal Commission, West Bengal First Appeal No. A/763/2018 and Civil Appeal No. 331 of 2007 in the Supreme Court of India dated 26.09.2013, were submitted. We have gone through the said decisions. What we find, the pertinent question is whether there was agreement for sale of plot of land simpliciter or not? Though no written agreement is found to be there in respect of this case, the OPs are found to have evaded giving answer to the queries of the Complainant as to whether they received money from the Complainant and why they took the money from him? (Question No.1 & 2). The OPs without giving any specific answer only claimed that Complainant has to prove with documentary evidence. We have already pointed out that, there were the receipts issued by the OPs on receiving the money/cheque from time to time from the Complainant. The price chart of the project “FILM CITY-28” which is produced by the Complainant reveals the “FILM CITY-28” project would be developed by the OPs i.e. M/s Desire Agro Resorts Development Private Limited and Complainant specifically ascertained that before delivery of the said plot of land, OPs had agreed to develop the land which includes cutting and fillings of earth, demarcating plots, park, roads, erection of lakes etc and OPs did not specifically deny all these things. Another point which was raised on behalf of the OPs that the instant case is barred by limitation. But, this argument is not at all tenable as the OPs are found to have not completed the job for which they have taken money on different dates. Be it made clear, though in the petition of complaint, the Complainant prayed for a direction upon the OPs to hand over the vacant peaceful possession of the 2 Kathas land under the project “FILM CITY-28” in the address given therein and to execute and register the deed of conveyance in respect of the said plot of land but in their written argument Complainant claimed for refund of the money paid by him with interest, cost of litigation and compensation for harassment etc. Having gone through the said contention of the Complainant, we are of the opinion that the prayer of the Complainant for refund of the money may be allowed along with interest. Accordingly, Complainant is entitled to get back Rs.1,32,062/- which he paid to the OPs with interest @9% p.a. from the date of 16.12.2005, when the last payment was made. Complainant is also entitled to the cost of litigation of Rs.5,000/-. As interest is awarded on the principal amount, no separate amount of compensation is given. Accordingly it is, ORDERED That the instant complaint is allowed on contest. OPs are directed to pay Rs.1,32,062/- (Rupees One Lakh Thirty-Two Thousand Sixty Two Only) along with interest @9% p.a. from the date of 16.12.2005. OPs are also to pay Rs.5,000/- (Rupees Five-Thousand Only) towards cost of litigation to the Complainant. OPs are directed to comply with this Order within 60 days from the date of this Order, failing which they shall be liable to pay interest @12% p.a. until payment in full and Complainant shall be at liberty to realize the awarded sum in accordance with the provision of law. Dictated and corrected by me President | 
