Sri Ashoke Kumar Pal, President
The crux of the instant complaint case in short is that the complainant booked a plot of land being Plot No:B-6 at Joka Metro City Project more fully described in the schedule of the petition of complaint and in the Sale Deed dated 27.04.2015 at a valuable consideration of Rs.3,75,000/- (Rupees three lakhs and seventy five thousand) only. The complainant paid Rs.4,55,000/- (Rs. 4,25,000/- + Registration Charge Rs.30,000/-) the total consideration amount on different dates and the OPs acknowledged the receipt of the same by issuing money receipts (Annexure-B). Being satisfied with the payment the OP No.3 executed a Sale Deed in respect of the suit property in favour of the complainant on 27.04.2015 (Annexure-A). The OPs violated the terms and conditions of the Sale Deed and failed to deliver possession of the schedule plot of land to the complainant despite payment of the entire consideration amount despite repeated requests by the complainant. The complainant approached the OPs several times to deliver the peaceful possession of the schedule plot of land in favour of the complainant. The complainant observed that the construction work of the proposed project has not been started and the same has been left abandoned for which the complainant asked the OPs for refund of the money with interest several times from the OPs. But the OPs on all occasions gave assurances to the complainant but ultimately failed to deliver the possession of the schedule plot of land or to return the money paid by the complainant to the OPs which prompted the complainant to file the instant complaint case on the relief as sought for in the petition of complaint.
OP Nos. 1, 3 and 4 did not come forward to contest this case by filing W/V. As such, by order No.4 dated 26.11.2021 the instant case was declared to be proceeded ex-parte against OP Nos. 1, 3 and 4.
OP No.2 and OP Nos. 5, 6 and 7 contested the case by filing two separate W/Vs contending that the claims of the complainant are all false. The specific case of the OP No.2 is that the claims of the complainant is not true and as such the complainant is not entitled to get any relief as prayed for.
The OP No.2 denied all the allegations made by complainant para-wise and prayed for dismissal of the case with cost.
The OP Nos. 5, 6 and 7 by filing W/V denied all the allegations para-wise and the specific case of the OP Nos. 5, 6 and 7 is that the OP No.1 failed to satisfy the transferable title of the land to the buyers in respect of the plot in the project and as a result the encashment of this post-dated cheque were stopped and registration in view of the agreement dated 09.12.2020 could not be given effect. The OPs also denied the other material averments of the petition of complaint and prayed for dismissal of the complaint case.
Points for Decision :-
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the case record along with copies of documents, it appears that the complainant is willing to purchase a plot of land more fully described in the schedule of the petition of complaint and the deed of conveyance dated 27.04.2015. The complainant paid the entire consideration amount along with the registration fee totaling amount of Rs.4,55,000/- (Rupees four lakhs and fifty five thousands) on different dates and the OPs acknowledged the receipt of the same by issuing money receipt. Therefore, the complainant is a consumer as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OPs.
Point No:2 :
The complainant booked the schedule plot of land and accordingly a Deed of Conveyance dated 27.04.2015 has been executed and registered. The complainant also made payment of the entire consideration amount alongwith registration charges totaling to an amount of Rs.4,55,000/- (Rupees four lakhs and fifty five thousands) on different dates and the OP acknowledged the receipt of the same by issuing money receipts from which it appears that all the payments have been properly made. On the other hand despite payment of the entire consideration amount, the OPs failed and neglected to hand over the possession of the schedule plot of land to the complainant. The complainant finding no other alternative requested the OPs to deliver the possession of the schedule plot of land as promised by them. But the OPs were very much reluctant and paid no heed thereof. Therefore, it is clear from the averments of the complainant that the OPs are guilty of deficiency in service and unfair trade practice.
As such, Point No.2 is also decided in favour of the complainant and against the OPs.
Point No.03 :-
The complainant booked the scheduled plot of land more fully described in the schedule of the petition of complaint and the deed of conveyance dated 27.04.2015 from the OPs and made payment of the full consideration amount along with registration charge amounting to Rs.4,55,000/-(Rupees four lakhs and fifty five thousands). But the OPs violated the terms and conditions of the deed of conveyance. Neither the OPS handed over possession of the schedule plot of land as described in the schedule of the petition of complaint and the deed of conveyance dated 27.04.2015 nor they returned back the amount of Rs.4,55,000/- (Rupees four lakhs and fifty five thousands) with interest which they received from the complainant as per terms of the deed of conveyance. Therefore, as the complainant did not get any positive response from the OPs she was compelled to file the instant complaint case against the OPs on the relief as sought for in the petition of complaint and as such there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the OPs did not hand over physical possession of the scheduled plot of land to the complainant. The complainant failed to get service from the OPs. On the other hand, the complainant was harassed by the OPs by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus the Point No.3 is also decided in favour of the complainants and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed ex-parte against the OP Nos. 1, 3 and 4 and on contest against the OP Nos.2, 5, 6 and 7 with cost of Rs.25,000/- (Rupees twenty five thousand) only.
The OPs are jointly and severally liable and are directed to deliver vacant and peaceful possession of the scheduled plot of land to the complainant within 60 days from the date of passing this order.
Alternatively, the OPs are jointly and severally liable and are directed to refund the entire consideration amount of Rs.4,25,000/- (Rupees four lakhs and twenty five thousand) only along with registration charge of Rs.30,000/- (Rupees thirty thousand) totaling to an amount of Rs.4,55,000/- only along with simple interest @12% p.a. w.e.f. 27.04.2015 (Deed of registration of the Deed of conveyance) to the complainant till the date of final realization thereof, within 60 days from the date of passing this order. In that event the complainant shall reconvey the scheduled plot of land by executing and registering a deed of conveyance in favour of the OPs.
That the OPs are jointly and severally liable and are also directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty thousand) only for mental pain and agony, deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainant, within 60 days from the date of passing this order.
That the OPs are jointly and severally liable and are also directed to pay litigation cost of Rs.25,000/- (Rupees twenty five thousand) only within 60 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the OPs within 60 days from the date of passing this order.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case. As such he did not sign the judgement and order passed on this day.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
