Date of filing : 07.02.2019

Date of Judgment : 07.11.2022

Mrs. Sashi Kala Basu, Hon’ble President

This consumer complaint is filed by Shri Sumanta Modak under section 12 of the Consumer Protection Act 1986, against the opposite Parties (referred as Ops herein after) namely 1) M/S Walden Estate Ltd, 2) Dipankar Naskar 3) Smt. Nisha Naskar and 4) Sri Nihar Kanti Naskar( name of OP no 4. has been expunged subsequently on the prayer of Complainant) alleging deficiency in service on their part.

            Case of the complainant in short is that OP is engaged in the business of purchasing and /or acquiring vast area of land and selling the said land by subdividing the same in small residential plots after effecting development of the said land and basic infrastructure facilities to the said land suitable for housing constructions for residential purpose to the intending purchaser. On being approached by the representatives of the OP, complainant intended to purchase two plots being Plot no A-82 and A-83 measuring 6 cottahs of land at a consideration price of Rs 690000/-.Complainant has paid the entire consideration price. An agreement of sale was executed between the parties on 28.08.2015. As per the terms of the agreement, OP was under obligation to deliver the possession of the plots after its development within 36 months from the date of execution of agreement for sale. But the OP  has failed and neglected to deliver the possession. Complainant wrote a letter dated 25.08.2016 calling upon the OP’s to deliver the possession of the subject plots  but all in vein and thus the present complaint is filed praying for directing the OP’s to  handover physical possession of the schedule property, to handover possession letter, to execute and register the deed of conveyance or in alternatively to refund the entire amount of Rs.6,90,000/- along with interest, to pay compensation of Rs.2,00,000/- and to pay litigation cost of Rs 30,000/-.

On perusal of the record, it appears that in spite of service of notice, OP’s did not take any step and thus the ease has been heard ex-parte.

Complainant has filed the money receipts, agreement of sale dated 28.08.2015 and the copy of letter dated 25.08.2016 and also the certificate of allotment and brochure.

            During the course of the trial, complainant has filed Examination in chief on affidavit and ultimately also filed the Brief notes of argument.

             So the only point requires determination is:- whether the complainant is entitled to the relief as prayed for?

Discussion with reason

On perusal of the documents filed by the complainant, it appears that an allotment certificate was issued to the complainant by the OP company on 24.05.2014 in respect of two plots being no A-82 and A-83 in the project namely “Village City” on payment of advance money of Rs.1,72,500/- out of total consideration price of Rs.6,90,000/-. Said allotment certificate also contains the terms and condition. As per Brochure of the OP company, they were to handover the plots after all development such as high land, metal road, water supply, electricity, drainage system, lake, park, play ground and many more. As per the terms of agreement for sale dated 28.08.2015 also, OP’s undertook to provide amenities i.e. supply of electricity, water sewage & drainage system, metallic road , parks lakes etc within the stipulated period and agreed to execute and register the deed of conveyance within 36 months from the date of execution agreement.

            The money receipts filed by the complainant establishes his claim of payment of the consideration price as settled. Since according to complainant, neither the plots have been handed over nor the money has been refunded, complainant is entitled to the relief of delivery of possession and registration of the deed or in alternatively for refund of sum paid by him with interest in the forms of compensation, especially when before this commission, no contrary material is forthcoming to counter the claim of the complainant.

Hence

            Ordered

CC/80/2019 is allowed ex-parte. Opposite parties are directed to handover the possession of the plots to the complainant as per agreement dated 28.08.2015 and to execute and register the deed of conveyance, within two months from this date

                                                                                             or

in alternatively OPs are directed to refund the entire sum of Rs.6,90,000/- to the complainant along-with interest at the rate of 9% p.a. on the said sum from the date of last payment i.e. 06.09.2015 to till this date within two months, failing which the entire sum shall carry further interest at the rate of 9 % per annum till its realisation.

OPs are further directed to pay the litigation cost of Rs.10,000/- to the complainant within the aforesaid period of two months.