Sri Ashoke Kumar Pal, President
The matrix of the instant complainant case in a nutshell is that the complainant booked a plot of land measuring about 2 cottahs more fully described in the schedule of the petition of complainant and agreement for sale dated 27.09.2012 at a valuable consideration of Rs.3,32,500/- (Rupees three lakhs thirty two thousand and five hundred). The complainant paid Rs.1,32,500/- (Rupees one lakh thirty two thousand and five hundred) and Rs. Rs.2,00,000/- (Rupees two lakhs) by two separate cheques dated 17.07.2012 drawn on PNB, Garden Rich Bank and SBI, Metiaburuz Branch respectively on the date of allotment as well as agreement for sale dated 27.09.2012. In addition to that the complainant also paid Rs.18,525/- (Rupees eighteen thousand five hundred and twenty five) for registration charges to the OPs. The entire consideration amount has been paid by two cheques dated 17.07.2012 and the OPs acknowledged the receipt of the same by issuing money receipts. After payment of the entire consideration amount, the agreement for sale dated 27.09.2012 was made by and between the parties. It was agreed that the delivery of possession of the said plot of land with all facilities and amenities will be made within 24 months but the OPs violated the terms and conditions of the agreement and failed to deliver the possession of the schedule plot of land to the complainant. The OP also failed to execute and register a proper Deed of Conveyance in respect of the scheduled plot of land in favour of the complainant along with delivery of possession thereof despite repeated requests by the complainant. As the OPs neither handed over the delivery of possession of the schedule plot of land to the complainant and also did not execute and register a proper Deed of Conveyance in favour of the complainant, the instant complaint case has been filed by the complainant on the reliefs as sought for in the petition of complaint.
The OPs did not come forward to contest the case and as such by Order No.9 Dated 22.09.2022 the instant case was declared to be proceeded ex-parte as against both the OP 1 & 2.
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 reliefs 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 was willing to purchase the scheduled plot of land more fully described in the schedule of the petition of complaint as well as agreement for sale dated 27.09.2012 and the OPs agreed to sell the same to the complainant for which the agreement for sale dated 27.09.2012 have been made by and between the parties. The complainant paid the entire consideration amount of Rs.3,32,500/- (Rupees three lakhs thirty two thousand and five hundred) towards total consideration amount by two cheques dated 17.07.2012 and also paid Rs.18,525/- (Rupees eighteen thousand five hundred and twenty five) towards registration charges and the OPs acknowledged the receipt of the same by issuing money receipts. Therefore, the complainant is a consumer as defined U/S 2(7) of the 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 scheduled plot of land and entered into an agreement dated 27.09.2012 with the OPs to that effect. The complainant also made full payment of Rs.3,32,500/- towards the total consideration amount by two A/C payee cheques dated 17.07.2012 along with the registration charge of Rs.18,525/- and the OPs acknowledged 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 entire consideration amount by the complainant as per terms of the agreement dated 27.09.2012 the OPs failed and neglected to hand over the possession of the schedule plot of land to the complainant nor execute and register a proper deed of conveyance in favour of the complainant. The complainant finding no other alternative requested the OPs to deliver the possession of the scheduled property 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 complainants that the OPs are guilty of deficiency in service and unfair trade practice.
As such, the 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 agreement for sale dated 27.09.2012 from the OPs and made full payment of the consideration amount of Rs.3,32,500/- along with registration charge of aRs.18,525/-. But the OPs violated the terms and conditions of the agreement dated 27.09.2012. Neither the OPs handed over possession of the scheduled plot of land as described in the schedule of the petition of complaint and the agreement for sale dated 27.09.12 nor they returned back the amount of Rs.3,51,025/- only with interest which they received from the complainant as per terms of agreement for sale dated 27.09.2012. Therefore, as the complainant did not get any positive response from the OPs, he was compelled to file the instant complaint case against the OPs on the reliefs sought for in the petition of complaint. 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 complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant case be and the same is hereby allowed ex-parte against the OPs 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.3,32,500/- (Rupees three lakhs thirty two thousand and five hundred) and Rs.18,525/- (Rupees eighteen thousand five hundred and twenty five) towards registration charge along with simple interest @ 12% p.a. w.e.f. 27.09.2012 (date of agreement for sale) to the complainant till the date of final realization thereof within 60 days from the date of passing this order.
That the OPs are jointly and severally liable and are also directed to pay compensation to the tune of Rs.1,00,000/- (Rupees one lakh) for mental pain and agony and deficiency in service and 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 the 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 OP within 60 days from the date of passing this order.
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
