Dt. of filing- 10/04/2018

Dt. of Judgement- 18/10/2019

Mrs. Sashi Kala Basu, Hon’ble President.

          This complainant  is filed by the complainant  Swapan  Mondal under Section 12  of the Consumer Protection Act, 1986 alleging  deficiency in service on the part of the  Opposite Parties  namely  (1) M/s. Golden Point Landcon Pvt. Ltd. represented  by its Director  Mr. Sabir Pailan and Mr. Dipankar Naskar (2) M/s. Golden Point Landcon Pvt. Ltd.

          Case of the complainant in short is that  complainant by an agreement agreed to purchase  a Plot being Number  377 measuring   2 cottahas   with facilities and amenities to be completed  by the OP, within 18  months,  at a total consideration  of Rs. 3,00,000/-. Out of the total consideration  money of Rs. 3,00,000/-, complainant paid  Rs. 2,47000/- by cheque on different dates  to the OP No.1. But it has been noticed that OP did not  perform any works  towards the development  of the project  and the property  was not  developed within the  stipulated period. So, inspite of payment of the consideration money, the complainant has not delivered  the possession of the property as agreed. The complainant has always been ready to pay the balance consideration money of Rs. 53,000/- but as the complainant has neither delivered possession of the plot nor has refunded the money, present complaint has been filed  by the complainant praying for  directing the OP  to deliver the possession  of the plot and to execute the deed of conveyance on accepting the balance  consideration of Rs. 53,000/-  or in alternatively  to return the money of Rs. 2,47,000/-  along with interest  @18%, to pay  Rs.1,00,000/- as compensation  and litigation cost of Rs. 20,000/-.

          Complainant has annexed   with the complaint petition. Copy of the receipts   issued by the OP  on payment of the   money  by the complainant and copy of the  agreement for sale  dated 10.12.2013 entered into between the parties.

           On perusal of the  record it appears that   inspite of service of notice OP did not  file any Written Version. However, on 06.08.2018 OP entered  appearance  through his Ld. Advocate  and prayed for allowing it to participate in the argument.

          So, only point  requires determination is –

          Whether the complainant is entitled to the relief as prayed for?

Decision with reasons

          In support of his claim complainant  has filed  the copy of the agreement  as well as the receipts showing payment of an amount of  Rs.2,47,000/-. It appears from the record        that the OP agreed to sell the plot no. 377 to the complainant  in the project namely ’ Puspa Kunja Township ’  at a consideration of Rs. 3,00,000/-. From the Memo of Consideration   in the said agreement as well as the money receipts supports the claim  of the complainant about the payment  of Rs. 2, 47,000/- as claimed by him. Admittedly, plot as agreed has not been handed over to the complainant nor the money  paid by the complainant has been refunded.

          It may be pertinent to point out that OP had entered  appearance  and it was submitted that both the  parties  have settled  the matter and  to that effect, a Memorandum  of Understanding  was also filed  wherein the OP agreed to pay   Rs.  3,00,000/- as full and final settlement.  So, the said  M.O.U further supports the claim of the complainant. However, since in the complaint, it is the admitted case of the  complainant  that  he paid  only Rs. 2,47,000/-, he is entitled to refund of the said sum only. So, complainant is entitled to delivery of plot and execution of deed of conveyance as agreed on payment of the balance consideration money.  In alternatively, refund of money along with interest ( in the form of compensation).

Hence,

                                      Ordered

          CC/185/2018  is allowed exparte. Opposite Parties are directed to deliver the possession of the Plot No. 377 and to execute and register   the deed of conveyance in respect of the said property as per the agreement, on receiving the balance consideration money of Rs. 53,000/- from the complainant, within   two months from the date of this order.  In alternatively, Opposite Parties are directed to refund Rs. 2, 47,000/- along with interest on the said sum @18% from  the date of last payment  i.e.  12.02.2016 to till this date within the aforesaid period of two months. Opposite Parties are further  directed to pay  litigation cost of Rs. 12,000/-  within the  aforesaid  period of two months in default entire sum shall carry interest  @12% till realisation.