Date of filing : 08/05/2015
Order No. 18 dt. 14/03/2018
The case of the complainant in brief is that the complainant on the basis of an advertisement as appeared in the newspaper came to learn that o.p. company was going to develop a land measuring 120 bighas and it would be divided and demarcated, the entire land into numerous plots measuring 2 cottahs, 2.5 cottahs, 3 cottahs, etc. along with roads measuring 20 feet, 30 feet and 40 feet as would be available from the layout map in the said project available in the office of o.p. On being allured by o.p. the complainant entered into an agreement with o.p. and made payment of Rs.4,70,000/-. The complainant subsequently came to learn that o.p. did not make any arrangement for allotment of land to the complainant and to complete the project as depicted in the agreement for sale. On the basis of the said fact the complainant demanded the amount from o.p. but o.p. failed to provide the same for which the complainant filed this case praying for direction upon the o.p. for refund of the amount paid by the complainant to the tune of Rs.4,70,000/- as well as compensation and litigation cost.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant is not a consumer of o.p. and since o.p. failed to pay the installments. The o.p. sent reminder to the complainant and ultimately while it was found that the complainant was not paying the amount, o.p. had no other alternative but to cancel the agreement. It was further stated that the complainant failed to pay the balance amount and o.p. repeatedly requested the complainant for payment of the same. The o.p. further stated that the complainant will be entitled to deposited amount after deduction of 30% as the complainant himself was at fault and became defaulter. On the basis of the said fact o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to b decided:
- Whether the complainant is a consumer?
- Whether the complainant paid the total amount of Rs.4,70,000/-?
- Whether o.p. failed to comply the terms and conditions of 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 on the basis of an advertisement as appeared in the newspaper came to learn that o.p. company was going to develop a land measuring 120 bighas and it would be divided and demarcated the entire land into numerous plots measuring 2 cottahs, 2.5 cottahs, 3 cottahs, etc. along with roads measuring 20 feet, 30 feet and 40 feet as would be available from the layout map in the said project available in the office of o.p. On being allured by o.p. the complainant entered into an agreement with o.p. and made payment of Rs.4,70,000/-. The complainant subsequently came to learn that o.p. did not make any arrangement for allotment of land to the complainant and to complete the project as depicted in the agreement for sale. On the basis of the said fact the complainant demanded the amount from o.p. but o.p. failed to provide the same for which the complainant filed this case praying for direction upon the o.p. for refund of the amount paid by the complainant to the tune of Rs.4,70,000/- as well as other reliefs.
Ld. lawyer for the o.p. argued that the complainant is not a consumer of o.p. and since o.p. failed to pay the installments. The o.p. sent reminder to the complainant and ultimately while it was found that the complainant was not paying the amount, o.p. had no other alternative but to cancel the agreement. It was further stated that the complainant failed to pay the balance amount and o.p. repeatedly requested the complainant for payment of the same. The o.p. further stated that the complainant will be entitled to deposited amount after deduction of 30% as the complainant himself was at fault and became defaulter. On the basis 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 with o.p. for purchasing a plot of land. It is also found from the materials on record that o.p. would provide the land after making all sorts of arrangement for infrastructure viz. approach road, water, electricity connection and other ancillary facilities within a stipulated period of time, but o.p. failed to provide all those facilities to the complainant. The complainant wanted to purchase the said plot of land for residential purpose and not for any commercial purpose since the development of the land was agreed to be done by o.p. and for that purpose the complainant paid the said amount, but whenever it was found that o.p. did not make any arrangement for any development the complainant noticed that o.p. did not show any interest in respect of development of the said land, for which the complainant demanded the money paid by her. The o.p. though claimed that the complainant failed to pay the EMI regularly for which the agreement for sale was cancelled by o.p. But o.p. failed to establish the fact that o.p. honoured the terms and conditions of the agreement in spite of receiving the money from the complainant and the balance amount could have been collected by o.p. at the time of registration of the plot of land. But o.p. in spite of repeated requests by the complainant failed to deliver the said plot of land as well as the amount paid by the complainant for which the complainant filed this case. In view of such background of the case we hold that the complainant has established the fact that the complainant is a consumer as per the C.P. Act and the amount received by o.p. to the tune of Rs.4,70,000/- and o.p. failed to develop the land in question, thereby the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
that the CC No.241/2015 is allowed on contest with cost against the o.p. The o.p. is directed to refund the amount of Rs.4,70,000/- (Rupees four lakhs seventy thousand) only to the complainant along with compensation of Rs.60,000/- (Rupees sixty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
