Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nut shell is that with the intention to purchase a plot of land the complainant booked a plot of land being plot No. 116 in Block – D more fully described in the schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 08.01.2008 at a valuable consideration of Rs.1,95,000/- (Rupees one lakh ninety five thousand) only. The complainant paid Rs. 29,250/- (Rupees twenty nine thousand two hundred fifty) only as earnest money to the O.Ps. who acknowledged the receipt of the same by issuing money receipt in favour of the complainant. Letter of allotment was also issued in favour of the complainant on 25.03.2007. On 08.01.2008 an agreement for sale was executed and registered by and between the parties in respect of the said plot of land (Annexure - D). Thereafter, the complainant again paid Rs. 9,000/-(Rupees nine thousand) and Rs. 25,500/-(Rupees twenty five thousand five hundred) to the O.Ps. for which the O.Ps. on 02.11.2011 issued two money receipts. Thereafter, the complainant on several occasions demanded copy of the title deed and ROR in respect of the scheduled plot of land/properties from the O.Ps. But the O.Ps. on different pretexts avoided the same. Thereafter, the complainant paid the escalated price of the said plot of land to the tune of Rs. 2,10,000/-(Rupees Two lakh ten thousand) in place of previous price of Rs. 1,95,000/-(Rupees one lakh ninety five thousand) only. On 23.11.2011 a deed of conveyance has been executed and registered in favour of the complainant. But the proposed project was totally incomplete and no earmark and demarcation was made in terms of the agreement for sale or the deed of conveyance dated 23.11.2011. Actually the complainant had no knowledge about the execution and registration of the deed of conveyance dated 23.11.2011. On 23.04.2012 the complainant went to the Office of the O.P. No. 1 and paid Rs. 15,000/-(Rupees fifteen thousand) only to the O.P. No. 1 for mutation of the said plot of land. On 23.04.2012 the complainant after receiving the deed of conveyance dated 23.11.2011 became surprised to know that the O.P. No. 1 was not the owner of the said property and come to know that the O.P. Nos. 2 to 6 are the actual owners of the said plot of land. The complainant on 11.08.2017 sent a letter to the O.P. No. 1 intimating that despite receipt of the full consideration amount and even after execution and registration of the deed of conveyance and despite receipt of the mutation and development cost, the O.P. No. 1 company had failed and neglected to perform their part of contract as reflected in the agreement for sale dated 08.01.2008 and thereby demanded refund of money, interest, damage and compensation. It was seen by the complainant that the O.Ps. failed to make any development in the scheduled plot of land as per terms of the agreement dated 08.01.2008 and the said “Dream Home Township Project” is nothing but an abandoned project. The O.Ps. also failed to supply the completion certificate, mutation certificate and the ROR to the complainant and always avoided to give proper assurance in respect of the same. On 11.12.2020 a legal notice was sent to the O.P. No. 1 through Advocate of the complainant demanding to complete their part of contract as per agreement for sale dated 08.01.2008 and to handover the completion certificate, mutation certificate and ROR in respect of the scheduled plot of land and to deliver the possession thereof within 15 days from the date of receipt of the notice. The O.P. No. 1 received the said notice and in reply dated 16.12.2020 categorically denied about their part of the contract as stated in the agreement for sale dated 08.01.2008. The complainant paid Rs. 2,10,000/-(Rupees two lakh ten thousand) only to the O.P. No. 1 towards consideration money, Rs. 9,000/-(Rupees nine thousand) only towards development charge, Rs. 25,500/-(Rupees twenty five thousand five hundred) only towards registration fees of the deed of conveyance, Rs. 15,000/-(Rupees fifteen thousand) only towards mutation cost and Rs. 10,000/-(Rupees ten thousand) only towards incidental charge to the O.P. No. 1. By this way the complainant paid total sum of Rs. 2,69,500/-(Rupees two lakh sixty nine thousand five hundred) only for purchasing the scheduled plot of land. As the O.Ps. failed to comply with the requirement of the legal notice dated 11.12.2020, the complainant was compelled to file the instant complaint case on the reliefs sought for in the petition of complaint.
Only O.P. No. 1 contested the case by filing W.V. and the instant complaint case was heard ex-parte against the O.P. Nos. 2 to 6 by Order being No. 7 dated 16.12.2021. It was contended by the O.P. No. 1 that he purchased a big area of under developed land with the intension to develop the same having all the amenities required to be residential purpose and to sell the same to the intending purchaser as per their requirement. The O.P. No. 1 also admitted that he received the entire consideration amount as per terms of the agreement for sale including development charges. But the O.P. No. 1 could not complete the development work due to so called syndicate raj and became totally handicapped in this respect. The O.P. No. 1 is ready to pay back the entire amount together with bank interest received from the complainant. The O.P. No. 1 also denied all other material averments of the petition of complaint para wise and ultimately prayed for dismissal of the complaint case with cost.
Points for Consideration:-
- Is the complainant, a consumer?
- Are the O.Ps. 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 3 cottahs of land being Plot No:116, Block - D more fully described in the schedule of the petition of complaint as well as agreement for sale dated 08.01.2008 and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale dated 08.01.2008 has been made by and between the parties. The complainant paid Rs. 2,69,500/- (Rupees two lakh sixty nine thousand five hundred) only towards total consideration amount, development charges, registration fees, mutation cost and other incidental charges and the O.Ps. acknowledged the same by issuing money receipts. Therefore, the complainant is a consumer as defined under Section 2 (7) of the Consumer Protection Act, 2019.
As such, the first point is decided in favour of the complainant and against the O.Ps.
Point No. 2 :-
The complainant booked the scheduled plot of land and entered into an agreement dated 08.01.2008 with the O.Ps. to that effect. The complainant also made full payment of Rs. 2,69,500/-(Rupees two lakh sixty nine thousand five hundred) only towards total consideration amount, development charges, registration fees, mutation cost and other incidental charges on different dates and the O.Ps. 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 the entire amount by the complainant as per terms of the agreement dated 08.01.2008, the O.Ps. failed and neglected to hand over the possession of the demarcated scheduled plot of land along with completion certificate and mutation certificate with ROR to the complainant. The complainant finding no other alternative, sent a legal notice to the O.Ps. dated 11.12.2020 but despite receipt of the same the O.Ps. did not do anything. Therefore, it is clear from the averment of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, the second point is also decided in favour of the complainant and against the O.Ps.
Point No.3 :-
The complainant booked the scheduled plot of land being plot No. 116 in Block – D more fully described in the schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 08.01.2008 from the O.Ps. and made full payment of the consideration amount along with other charges on different dates. But the O.Ps. violated the terms and conditions of the agreement dated 08.01.2008. Neither the O.Ps. handed over the possession of demarcated scheduled plot of land as described in the schedule of the petition of complaint and the schedule of the agreement for sale dated 08.01.2008 nor they returned back the amount of Rs.2,69,500/- (Rupees two lakh sixty nine thousand five hundred) only with interest which they received from the complainant as per terms of the agreement for sale dated 08.01.2008. Therefore, as the complainant did not get any positive response from the O.Ps. he has compelled to file the instant complaint case against the O.Ps. 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 O.Ps. did not hand over physical possession of the demarcated scheduled plot of land to the complainant along with completion certificate and mutation certificate with ROR. The complainant failed to get service from the O.Ps. On the other hand, the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus the third point is also decided in favour of the complainant and against the O.Ps.
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 on contest against the O.P. No. 1 and ex-parte against the O.P. Nos. 2 to 6 with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.Ps are jointly and severally liable and are directed to hand over the vacant 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 08.01.2008 in favour of the complainant along with the completion certificate and mutation certificate with ROR in respect of the scheduled plot of land as aforesaid within 60 days from the date of passing this order.
Alternatively, the O.Ps. are jointly and severally liable and are directed to refund the entire amount of Rs. 2,69,500/- (Rupees two lakh sixty nine thousand five hundred) only along-with simple interest @ 10% p.a. w.e.f. 08.01.2008 (date of agreement for sale) till the date of final realization, within 60 days from the date of passing this order.
The O.Ps. 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 60 days from the date of passing this order.
The O.Ps. 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.
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 O.Ps. within 60 days from the date of passing this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in.
Dictated and corrected by me.
President
