The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act, 1986 on the averments that the complainant is the resident of aforesaid address. The complainant availed the services of opposite parties for buying plots vide agreement mentioned against each:-
- Agreement Reference Id-100066723 dated 23.1.2015 in respect of plot measuring 7204 Square Feet situated at Vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066724 dated 23.1.2015 in respect of plot measuring 7204 Square Feet situated at Vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066725 dated 23.1.2015 in respect of plot measuring 7204 Square Feet situated at Vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066726 dated 23.1.2015 in respect of plot measuring 7204 Square Feet situated at vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066766 dated 20.1.2015 in respect of plot measuring 7204 Square Feet situated at Vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066767 dated 20.1.2015 in respect of plot measuring 7204 Square Feet situated at Vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066768 dated 20.1.2015 in respect of plot measuring 7204 Square Feet situated at vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066791 dated 20.1.2015 in respect of plot measuring 7204 Square Feet situated at vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.1 lakh.
- Agreement Reference Id-100066926 dated 15.1.2014 in respect of plot measuring 39340 Square Feet situated at vill. Khedi Dev Nala Tehsil Multai Distt.Betul (MP), India, worth Rs.5 lakh.
The opposite party no.2 have issued receipts of the above mentioned plot on different dates vide receipt No.237492 dated 24.12.2014, 237494 dated 24.12.2014, 237495 dated 24.12.2014, 237496 dated 23.1.2015, 238955 dated 7.1.2015 and 238403 dated 1.1.2015 and other receipts in respect of the above mentioned plots. The opposite parties entered into an agreement of sale with complainant which was handed over to the complainant at Batala, where the opposite parties have a Branch Office. The opposite parties have offices all over India and in Punjab. They have branch offices in Amritsar,Abohar and Batala District Gurdaspur. It is further averred that as per the above said agreement, the complainant paid the whole amount as full and final payment, the opposite parties were to hand over the possession of plot to the complainant after getting the NOC and income tax clearing certificate from the concerned department. It was agreed that the opposite parties will execute and register the sale deed in favour of the complainant after the payment of the sale price. After receiving the full and final payment by the opposite parties, the possession was to be handed over to the complainant, but he was shocked when he came to know that opposite parties had swindled his hard earned money and they are habitual criminals of cheating the innocent people on the pretext of giving plots to them. The fraudulent acts and misdeeds of the opposite parties have caused a big financial loss to the complainant. He had been approaching the opposite parties continuously and requesting them, to execute and register sale deeds of the above mentioned plots in terms of the agreement and to deliver actual and physical possession of the plots and also to pay agreed lease rent till the delivery of the possession of the plots, but they always put the matter with one or the other excuse and lastly they orally refused to admit his legal claim. It was further averred that the complainant has received a lease rent of agreement mentioned from serial no.(a) to (h) to the tune of Rs.60,000/- from 11.2.2015 and 18 cheques of Rs.7500/- each qua agreement i.e. total amount of Rs.1,35,000/- from 22.2.2014. It was next averred that the opposite parties by not making payment of agreed rent amount and by not executing sale deeds in terms of sale agreements are trying to back out from their obligations of making payment of the sum assured to him with malafide intention and ulterior motive without any reason or rhyme. He is entitled to receive the agreed lease rent amount and execution of sale deeds and deliver of actual physical possession of the plots. He is also entitled to compensation amounting to Rs.1,00,000/- besides the amount of claim for the mental torture, physical harassment and financial loss caused by the opposite parties for no fault on his part. The non-allotment of plots by the opposite parties to the complainant after receiving the full and final consideration amounts to deficiency in service and unfair trade practice on the part of the opposite parties and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and the opposite parties be directed to deliver actual physical possession of the plots to the complainant immediately in respect of plots above mentioned at serial No.(a) to (i) as per terms and conditions of agreement and also to pay the remaining rent lease money from the date of its stoppage. It was also prayed that opposite party be further directed to pay Rs.1,00,000/- as compensation alongwith Rs.5,000/- as litigation expenses.
2. Notice of the complaint was given to the opposite parties, but despite service through publication in the Daily Chardi Kala newspaper, the opposite parties failed to appear and as such, both the opposite parties were proceeded against ex-parte vide order dated 19.2.2018.
3. In order to prove his ex-parte claim, the complainant along with his counsel tendered into evidence affidavit Ex. C1 along with documents Ex. C2 to Ex. C-43 and closed the evidence.
4. Ld.counsel for the complainant has filed written arguments.
5. Sh.Anand Mahajan, Advocate has filed an application for joining the proceedings on behalf of opposite party no.2 which was allowed on 8.10.2018 and he was permitted to join the proceedings of this case on the same day.
6. We have carefully gone through the pleadings of counsel for the complainant; written arguments as well as oral arguments advanced by counsel for the complainant and opposite party no.2 and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.
7. After considering the overall circumstances whatsoever put before us by the learned counsel for the complainant itself reveals that the complainant agreed to purchase a plot from the opposite parties and to this effect agreements for sale dated 23.01.2015, 20.1.2015 and 15.1.2014 was scribed and copy of the same is proved on the file by the complainant as Ex.C2, Ex.C-4, Ex.C6, Ex.C-8,Ex.C-11, Ex.C-12, Ex.C13, Ex.C-15, Ex.C-17, Ex.C-18 and as per agreements, the total area of the plots were 7204 sq.ft each and its total price was agreed to be Rs. 13,00,000/-. It is further mentioned in the agreement that the vendor received Rs. 13,00,000/- as full and final payment of sale. Ex.C-3 is copy of receipt No.237492 dated 24.12.2014; Ex.C-5 is copy of receipt No.237494 dated 24.12.2014, Ex.C7 is copy of receipt No.237495 dated 24.12.2014, Ex.C9 is copy of receipt No.237496 dated 24.12.2014, Ex.C-10 is copy of receipt No.238403 dated 1.1.2015, Ex.C-14 is copy of receipt No.238405 dated 1.1.2015, Ex.C-16 is copy of receipt No.238955 dated 7.1.2015, for Rs.1,00,000/- each . The aforesaid receipts have been issued by the opposite parties in favour of the complainant-Amarjit Singh, Ex.C-19 and Ex.C-20 is copy of news paper, Ex.C-21 is copy of order of this Commission, Ex.C-22 to Ex.C-43 are copies of FIRs.
8. According to the terms and conditions of the agreement, the vendor would obtain all kinds of NOCs, permissions and Income Tax Clearances by the time of registration of property. Moreover, the actual and physical possession would be delivered at the spot only on registration of Sale Deed. But in the present case, the complainant approached the office of opposite parties numerous times after the final payment of instalment for getting the possession of plot and execution of sale deed as agreed upon, but the opposite parties kept on delaying the matter on one pretext or the other.
9. We think that the aforesaid condition itself shows that the opposite parties agreed to provide service in the shape of giving the actual and physical possession at the plot only on registration of sale deed. But, in the present case, the opposite parties have failed to hand over the actual and physical possession of plot to the complainant after receiving the full and final consideration. Moreover, in this case the opposite parties despite service through publication did not come present and the evidence led by the complainant remained un-rebutted and unchallenged, so we find no ground to discard the ex-parte evidence of the complainant.
10. The learned counsel for the complainant has submitted that the receipts were signed by opposite party No. 2 and he was receiving the amounts from the complainant, after knowing the fact that the Company is not functioning. That however would make no difference since he signed/issued the receipts on behalf of the Company and admittedly, the payment went in the account of the Company and not to his personal account. So, we are of the considered view that the liability is on the part of opposite party No. 1.
11. So under these circumstances, this Commission finds force in the arguments put forth by the ld. counsel for the complainant and there is deficiency in service and unfair trade practice on the part of the opposite party no.1. Therefore, the complaint of the complainant is partly accepted ex-parte and the opposite party No.1 is directed to deliver actual physical possession of the plots and also to pay the remaining lease money from the date of its stoppage as per the terms and conditions of the agreements to the complainant. The opposite party no.1 is also directed to pay Rs.10,000/- as compensation on account of mental agony and harassment suffered by the complainant and litigation expenses of Rs.10,000/- to the complainant. Order be complied within a period of 30 days from the date of the receipt of the certified copy of this order.
12. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.
(Neelam Gupta)
President
Announced: (Jyotsna)
August 04, 2021 Member
*MK*
