Order No. 25 dt. 03/11/2017
The case of the complainant in brief is that the complainant entered into an agreement with o.p. for purchasing of a land measuring 2160 sq.ft. and paid a total sum of Rs.2,52,012/- and it was decided that the complainant should pay the amount in 36 installments @ Rs.4667/- per month. After reasonable period of completion of payment the complainant requested the o.p. to register the plot in his favour and handover the possession. The complainant visited the office of o.p. on numerous occasion, but no fruitful result was achieved for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.9 lakhs and compensation of Rs.1 lakh and litigation cost of Rs.1000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated in paragraph 2 of the agreement that in the event of any change of law and/or in the event of any imposition of any restriction and/or stipulation by the appropriate authority and/or authorities and/or in the event of any order passed by any court of law for which the development of the land cannot be done for which o.p. cannot be held responsible. Since the project had to be abandoned due to the intention of the government and the local authorities for such unavoidable circumstances o.p. cannot be held liable. In view of the said fact o.p. prayed for dismissal of the case.
On the basis of the pleadings of the parties the following points are to be decided:
- Whether the complainant entered into an agreement with o.p.?
- Whether the complainant paid the amount as claimed by him?
- Whether the o.p. failed to honour the agreement?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant entered into an agreement with o.p. for purchasing of a land measuring 2160 sq.ft. and paid a total sum of Rs.8,04,000/- and it was decided that the complainant should pay the amount in 36 installments @ Rs.4667/- per month. After reasonable period of completion of payment the complainant requested the o.p. to register the plot in his favour and handover the possession. The complainant visited the office of o.p. on numerous occasion, but no fruitful result was achieved for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.9 lakhs and other reliefs.
Ld. lawyer for the o.p. argued that it was stated in paragraph 2 of the agreement that in the event of any change of law and/or in the event of any imposition of any restriction and/or stipulation by the appropriate authority and/or authorities and/or in the event of any order passed by any court of law for which the development of the land cannot be done for which o.p. cannot be held responsible. Since the project had to be abandoned due to the intention of the government and the local authorities for such unavoidable circumstances o.p. cannot be held liable. In view of the said fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant entered into an agreement for purchasing 3 cottah of land from o.p. It is also an admitted fact that as per the terms of the agreement entered into between the parties the complainant paid the amount by installments. It is also found from the materials on record that the complainant paid the installments regularly and after payment of those installments the complainant requested the o.p. for handing over the possession as well as registration of the land in question, but o.p. did not pay any heed, for which the complainant had to file this case. in order to prove the case the complainant filed some documents including the agreement for sale and o.p. did not deny that no such agreement was entered into between the parties. From the said materials on record it is crystal clear that the complainant paid the amount as claimed by him. It is also an admitted fact that o.p. could not honour the said agreement entered into between the parties for which o.p. has claimed that due to intervention by the government and the local authorities the project could not be completed. If that be the so, o.p. is duty bound to refund the amount the complainant which the complainant paid to o.p. In view of such evidence on record we hold that there is gross deficiency in service on the part of o.p. and the complainant is entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.217/2014 is allowed on contest with cost against the o.p. The o.p. is directed to refund the amount of Rs.2,52,012/- (Rupees two lakhs fifty two thousand twelve) only to the complainant along with compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
