Jharkhand

Bokaro

CC/17/21

Binay Kumar Sah - Complainant(s)

Versus

M/S Pioneer Green City Builders Pvt. Ltd. - Opp.Party(s)

Dadan Singh

11 Mar 2019

ORDER

Complainant Binay Kumar Sah filed the complaint to direct O.P. to return Rs. 86,500/- with 10% p.a. interest and compensation of Rs. 25,000/- for harassment.

2          The Case in short, is that complainant and O.P. made an agreement on 01-08-2011 for purchase of plot of land from O.P. and paid booking amount of Rs. 26,500/- on 16-10-2010 and thereafter Rs. 54,000/- and 6,000/- paid on 06-01-2014 for remaining  value of the land and Registration charge.

            It is claimed even after receipt of the money no land was registered which against the term of the agreement. This is deficiency in service. Now, the Complainant demands his money back. Hence this case is filed.

3          The following documents filed in support:-

            Anx-1 and 1/2 – Copies of legal notice to O.P.

            Anx-1/1- Copy of reply of legal notice.

            Anx-2- Copy of the agreement.

            Anx-3- Copy of money receipt.

            Anx-4 to 4/1- Copies of cheque and receipt of Rs. 5000/-

4          O.P. appeared and filed W.S.

            It is submitted that the case is not maintainable and there is no deficiency. As fact, complaint has not come for registration of the land. O.P. has admitted receipt of booking money with proem of Rs. 26500/- and further payment of Rs. 54,000/- and 5000/- for value of the land and registration charge.

            O.P. is ready to execute the agreement if Complaint so desires.

FINDINGS

5          We perused the record. Complainant and O.P. builder executed agreement for purchase of law and construction and complaint paid booking and, as such he is a consumer and dispute is a consumer dispute.

6          O.P. has admitted the receipt of Rs. 26,500/- as booking charge and process fee. He has also admitted receipt of Rs. 54000/- and 5000/- for removing value of land and registration charge. However he is ready to sell the land but he Complainant is not ready and want to return of the money, as he is no more interested in the project.

7          We found there is concealment of fact as well from both the parties, however, complainant is entitled for receiving the amount so paid and admitted by O.P.

8          Therefore, The prayer is allowed in part as there is no admission regarding Rs. 1000/- (Which show as  Rs. 6000/- as registration charge). Anx-4/1 Shown only Rs. 5000/ was received by O.P. for registration charge.

9          Thus, we direct O.P. to pay Rs. 85,500/- to the complainant with interest of 6% p.a. from 06-01-2014 till realization.

            There is no compensation and litigation cost.

            The amount must be paid within 60 days of the order failing which rate of interest will be enhance to 12% p.a. till realization.

            O/C to deposit the record in record room.