Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in a nut shell is that the complainant booked 6 cottahs of land in the project namely “Lord City Sonarpur” more fully described in the schedule of the petition of complaint as well as in the agreement for sale dated 17.10.2012 at a valuable consideration of Rs.9,00,000/- only. The complainant paid the entire consideration amount of Rs.9,00,000/- (Rupees nine lakhs) on different dates to the OPs who acknowledged the receipt of the same by issuing money receipt. Thereafter the complainant contacted the OPS on different dates and occasions. But the OPs failed to deliver the physical possession of the land and did not make mutation in favour of the petitioner. But the OPs took the money from the petitioner with assurance to comply with the terms and conditions of the said agreement for sale dated 17.10.2012. Subsequently, finding no other alternative the petitioner sent a legal notice on 01.12.2020 to the OPs through speed post. But despite receipt of the said notice, the OPs failed to comply with the same and hence this case, on the relief sought for in the petition of complaint. The OPs did not come forward to contest the case by filing W/V and as such by Order No.11 dated 14.07.2022 the instant case was declared to proceed ex-parte against both the OP Nos.1 & 2.
Points for consideration :-
- 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 about 6 cottahs of land more fully described in the schedule of the petition of complaint as well as agreement for sale dated 17.10.2012 and the OPs agreed to sale the same to the complainant for which agreement for sale dated 17.10.2012 has been made by and between the parties. The complainant paid Rs.9,00,000/- (Rupees nine lakhs) only on different dates towards the entire consideration amount and the OPs acknowledged the receipt of the same by issuing money receipt. Therefore, the complainant is a consumer as defined under section 2(7) of the Consumer Protection Act, 2019.
As such, the 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 17.10.2012 with the OP to that effect. The complainant also paid the entire consideration amount of Rs.9,00,000/- on different dates and the OPs 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 by the complainant as per terms of the agreement dated 17.10.2012, the OPs failed and neglected to hand over the schedule plot of land and to make the mutation thereof in favour of the complainant. The complainant finding no other alternative sent a legal notice to the OPs on 01.12.2020. But despite receipt of the same the OPs did not do anything. Therefore it is clear from the averment of the complainant and the copies of documents available on record that the OPs are guilty of deficiency in service and unfair trade practice.
As such, the 2nd point is also decided in favour of the complainant and against the OPs.
- Point No.03 :- The complainant booked the schedule plot of land from the OPs and paid the entire consideration amount of Rs.9,00,000/- (Rupees nine lakhs) on different dates which the OPs acknowledged the receipt of the same. But the OPs violated the terms and conditions of the agreement dated 17.10.2012. Neither the OPs handed over the schedule plot of land as described in the schedule of the petition of complaint and the agreement for sale dated 17.10.2012 nor they returned back the amount of Rs.9,00,000/- only with interest which they received from the complainant as per terms of agreement for sale dated 17.10.2012. Therefore, as the complainant did not get any positive response from the OPs he has been compelled to file the present complaint case against the OPs on the reliefs as sought for in the petition of complainant. As such, there is no hesitation to hold that the complainant is entitled to get the relief as prayed for as the OPs did not hand over the physical possession of the schedule plot of land to the complainant nor any mutation has been made in favour of 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 3rd point 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.
That the OPs are jointly and severally liable and are directed to hand over the vacant and peaceful possession of the scheduled plot of land as described in the schedule of the petition of complaint as well as agreement for sale dated 17.10.2012 along with mutation in favour of the complainant within 45 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.9,00,000/- (Rupees nine lakhs) along with simple interest @10% p.a. w.e.f. 17.10.2012 (date of agreement for sale) till the date of final realization within 45 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) only for mental pain and agony suffered by the complainant within 45 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) within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders as aforesaid are not complied with by the OPs within 45 days from the date of passing this order.
Let a copy of this order be supplied free of cost as per rules.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
