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. 183 and 184 in Block – ‘B’ more fully described in the schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 10.12.2009 at a valuable consideration of Rs.2,40,000/- (Rupees two lakh forty thousand) only. The complainant paid Rs. 48,000/- (Rupees forty eight thousand) only on different dates as earnest money to the O.Ps. who acknowledged the receipt of the same by issuing money receipt dated 19.09.2009, 06.10.2009 and 29.09.2009 in favour of the complainant. On 10.12.2009 an agreement for sale was executed by and between the parties in respect of the said plot of land (Annexure - C). Thereafter, the complainant again paid Rs. 19,200/-(Rupees nineteen thousand two hundred), Rs. 20,000/-(Rupees twenty thousand) and Rs. 20,000/-(Rupees twenty thousand) to the O.P. No. 1 for which O.P. No. 1 issued two money receipts (Annexure – D). 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. The complainant paid total Rs. 2,90,000/-(Rupees two lakh ninety thousand) only to the O.P. No. 1 and on 30.07.2013 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 30.07.2013. Actually the complainant had no knowledge about the execution and registration of the deed of conveyance dated 30.07.2013. The complainant after receiving the deed of conveyance dated 30.07.2013 became surprised to know that the O.P. No. 1 was not the owner of the said property. 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 10.12.2009 and to handover the conversion certificate, 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 but failed to comply with the requirement of the same. The complainant paid Rs. 2,40,000/-(Rupees two lakh forty thousand) only to the O.P. No. 1 towards consideration money, Rs. 20,000/-(Rupees twenty thousand) only towards development charge, Rs. 20,000/-(Rupees twenty thousand) only towards registration fees of the deed of conveyance. By this way the complainant paid total sum of Rs. 2,90,000/-(Rupees two lakh ninety thousand) 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. No. 2 by Order being No. 8 dated 11.04.2022. 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:183 and 184, Block – ‘B’ more fully described in the schedule of the petition of complaint as well as agreement for sale dated 10.12.2009 and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale dated 10.12.2009 has been made by and between the parties. The complainant paid Rs. 2,90,000/- (Rupees two lakh ninety thousand) only towards total consideration amount, development charges, registration fees 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 10.12.2009 with the O.Ps. to that effect. The complainant also made full payment of Rs. 2,90,000/-(Rupees two lakh ninety thousand) only towards total consideration amount, development charges and registration fees 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 10.12.2009, 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. 183 and 184 in Block – ‘B’ more fully described in the schedule of the petition of complaint as well as in the schedule of the agreement for sale dated 10.12.2009 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 10.12.2009. 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 10.12.2009 nor they returned back the amount of Rs.2,90,000/- (Rupees two lakh ninety thousand) only with interest which they received from the complainant as per terms of the agreement for sale dated 10.12.2009. 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. No. 2 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 10.12.2009 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. 2,90,000/- (Rupees two lakh ninety thousand) only along-with simple interest @ 10% p.a. w.e.f. 10.12.2009 (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
