Order No. 12 Dated 31.05.2022
Today is fixed for delivery of judgment/final order.
Final order containing 6 pages is ready. It is sealed, signed and delivered in open Forum/Commission.
It is,
ORDERED
That the instant case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 10,000/-.
The O.Ps. are directed to refund of Rs. 2,85,000/- only with interest @ 8% p.a. with effect from 14.06.2018 within 60 days hence.
Alternatively, the O.Ps. are directed to execute and register the proper deed of conveyance in favour of the complainants in terms of the agreement for sale dated 14.06.2018 and to deliver vacant and peaceful khas possession of the scheduled flat along with letter of possession and completion certificate to the complainants within 60 days from the date of passing the final order.
The O.Ps. are also directed to pay compensation of Rs. 50,000/- only for harassment and mental agony to the complainants within 60 days from this date.
The complainants are at liberty to put the order in execution after the expiry of 60 days in case orders are not complied with by the O.Ps. within the stipulated period as aforesaid. Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO._46_ OF 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
26.03.2021 08.04.2021 31.05.2022
Present : President : Ashoke Kumar Pal
Member : Jagadish Chandra Barman
Member : Sangita Paul
COMPLAINANT : 1. Smt. Snigdha Datta W/O- Sri Aloke Kumar Datta
Flat No . E-06/502, Pearless Nagar, 29/F, B.T Road, Panihati, P.S- Khardah, Pin-700114.
2. Sri Aloke Kumar Datta S/O Late Kalipada Datta
Flat No . E-06/502, Pearless Nagar, 29/F, B.T Road, Panihati, P.S- Khardah, Pin-700114.
Versus
O.P/O.Ps : 1. M/S Usashi Realstates Pvt. Ltd.
594/1, Dakhshindari Road, Bima Abasan, Flat No. E2/1,
First Floor, P.O- Sreebhumi, P.S- Lake Town, Kol-700048.
2. Mr. Supriya Patra S/O- Asis Kumar Patra
Vill.- Radhapur, P.O.- Madhabpur, P.S.- Bhupatinagar, Pin-721626.
Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainants in a nutshell is that on 14th June, 2018 the complainant entered into an agreement for sale to purchase a flat more fully described in the scheduled B of the petition of the complaint. As per terms of the agreement, the complainant paid a sum of Rs. 2,85,000/- on different dates by A/c payee cheques to the O.Ps. Thereafter 2 years have already passed but the O.Ps. started dilatory tactics and failed to complete the transaction by execution and registration of the deed of conveyance. The O.Ps. also failed to deliver peaceful vacant khas possession of the scheduled flat to the complainants. The O.Ps. also did not handover the letter of possession and the copy of the completion certificate to the complainants. Ultimately being frustrated the complainants wrote letter to the O.Ps. on 26.09.2019 asking them to refund the consideration amount. Although the O.Ps. promised to refund to the complainants a sum of Rs. 2,57,447/- and prepared an agreement on 13.12.2019 to that effect. But ultimately did not pay anything to the complainants. A legal notice was also issued by the complainants to the O.Ps. to materialize the agreement for sale dated 14.06.2018. But no fruitful result was achieved which prompted the complainants to file the instant case on the reliefs sought for in the petition of the complaint.
The O.Ps. appeared before the Commission but ultimately did not file W.V. for which the instant case proceeded ex-parte against the O.Ps. as reflected in order No. 7 dated 17.01.2022.
The O.Ps. failed to provide proper service to the complainants and the acts of the O.Ps. tantamount to deficiency in service and unfair trade practice for which the complainants had to face huge monetary loss and mental suffering. Despite repeated requests by the complainants to refund the amount received by the O.Ps. they ultimately failed to pay back the same. The O.Ps. did not deliver vacant and peaceful possession of the scheduled flat and also did not execute and register a proper deed of conveyance in favour of the complainants in terms of the agreement.
The scheduled property is situated within the jurisdiction of the Commission and the cause of action arose on 14.06.2018 and 16.01.2021 and continuing day by day. Under the facts and circumstances, the complainants prayed for necessary direction upon the O.Ps. to execute and register the proper deed of conveyance in favour of the complainants in terms of the agreement for sale dated 14.06.2018 failing which the deed of conveyance be registered through the official process of the Commission.
The complainants also prayed for the direction upon the O.Ps. to deliver vacant and peaceful khas possession of the scheduled property in favour of the complainants with the letter of possession and completion certificate. The complainants also prays for direction upon the O.Ps. to pay a sum of Rs. 3,00,000/- for compensation for harassment and mental pain and agony and cost of the proceedings of Rs. 50,000/-. The complainants also prayed for a direction upon the O.Ps. to pay a sum of Rs. 10,50,000/- along with interest accrued thereon.
POINTS OF CONSIDERATION :
- Are the complainants consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice ?
- Are the complainants entitled to get relief as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
The complainants entered into an agreement for sale with the O.Ps. on 14th June,2018 for purchasing the flat as described in the scheduled ‘B’ of the petition of the complaint. The complainants also paid total consideration amount of Rs. 2,85,000/- by instalments on different dates through A/c payee cheques. Thereafter, the complainants requested the O.Ps. several times to execute and register the proper deed of conveyance in favour of the complainants receiving the balance consideration amount and also to deliver vacant and peaceful khas possession of the same to the complainants. A legal notice dated 30.12.2020 was also sent to the O.Ps. Thereafter, although the O.Ps. assured the complainants to refund a sum of Rs 2,57,447/-, but ultimately failed to pay a single penny nor did execute and register a proper deed of conveyance in favour of the complainants with delivery of vacant and peaceful khas possession of the scheduled flat in favour of the complainants. As such the complainants are no doubt consumers the point No. 1 is decided in favour of the complainants.
Point No. 2 :
The complainants after entering into agreement for sale on 14th June, 2018 paid a consideration amount of Rs. 2,85,000/- on different dates by A/c payee cheques. But the O.Ps. failed to execute and register the proper deed of conveyance and also to deliver vacant and peaceful khas possession of the scheduled flat in favour of the complainants as per terms of the agreement dated 14.06.2018. The O.Ps. also assured the complainants for refunding of Rs. 2,57,447/- but also failed to do so. Ultimately, the O.Ps. neither execute and register the proper deed of conveyance in favour of the complainants and deliver vacant and peaceful possession of the scheduled flat in favour of the complainants in terms of the agreement nor they pay back the amount of Rs. 2,85,000/- which the O.Ps. received from the complainants as earnest money for the scheduled flat. The acts of the O.Ps. amounts to deficiency in service and unfair trade practice for which the complainants had to face mental suffering, harassment and huge financial loss. Hence, there is no doubt 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 complainants.
Point No. 3:
The complainants suffered huge financial loss by the acts of the O.Ps. The O.Ps. neither executed and registered a proper deed of conveyance in favour of the complainants nor had given them vacant and peaceful possession of the scheduled flat in favour of the complainants. The O.Ps. also did not pay back the earnest money of Rs. 2,85,000/- which they received from the complainants on different dates in terms of the agreement for sale dated 14.06.2018. The complainants were harassed by the O.Ps. for several times and sustained mental pain and agony with huge financial loss and as such the complainants are entitled to get the relief as compensation as prayed for. So, the third point is also decided in favour of the complainants.
In the result, the complainants have succeeded to prove the case as made out ex-parte.
Hence, it is
ORDERED
That the instant case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 10,000/-.
The O.Ps. are directed to refund of Rs. 2,85,000/- only with interest @ 8% p.a. with effect from 14.06.2018 within 60 days hence.
Alternatively, the O.Ps. are directed to execute and register the proper deed of conveyance in favour of the complainants in terms of the agreement for sale dated 14.06.2018 and to deliver vacant and peaceful khas possession of the scheduled flat along with letter of possession and completion certificate to the complainants within 60 days from the date of passing the final order.
The O.Ps. are also directed to pay compensation of Rs. 50,000/- only for harassment and mental agony to the complainants within 60 days from this date.
The complainants are at liberty to put the order in execution after the expiry of 60 days in case orders are not complied with by the O.Ps. within the stipulated period as aforesaid. Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
