West Bengal

South 24 Parganas

CC/71/2022

Arunabha Chakraborty S/O- Late Biswajit Chakraborty - Complainant(s)

Versus

M/S. Lord Realty Pvt. Ltd. - Opp.Party(s)

26 Jun 2023

ORDER

District Consumer Disputes Redressal Commission
South 24 Parganas
Baruipur, Kolkata-700 144
 
Complaint Case No. CC/71/2022
( Date of Filing : 18 Apr 2022 )
 
1. Arunabha Chakraborty S/O- Late Biswajit Chakraborty
23, Sarat Bose Road, P.O- Rajbari, P.S- Airport, Kol-700 081
2. Smt. Deepa Chakraborty W/O- Mr. Arunabha Chakraborty
23, Sarat Bose Road, P.O- Rajbari, P.S- Airport, Kol-700 081
...........Complainant(s)
Versus
1. M/S. Lord Realty Pvt. Ltd.
46, Lower Range, P.O- Ballygunge, P.S- Karaya, Kol-700 019
2. Mr. Mohammad Anwar Azim S/O- Late Azimul Hassan Managing Director & Chairman Of M/S Lord Realty Pvt. Ltd
46, Lower Range, P.O- Ballygaunge, P.S- Karaya, Kol-700 019
............Opp.Party(s)
 
BEFORE: 
  SHRI ASHOKE KUMAR PAL PRESIDENT
  SMT. SANGITA PAUL MEMBER
 
PRESENT:
 
Dated : 26 Jun 2023
Final Order / Judgement

Sri Ashoke Kumar Pal, President

Stripped off unnecessary details, the case of the complainants in a nutshell is that with the intention to construct their own house, the complainants booked a bungalow (duplex flat) together with land measuring about 4 cottahs in Zone-9 in the Project “Lord City Sonarpur” more fully described in the schedule of the petition of complaint and agreement for sale dated 22.09.2015 at a valuable consideration of Rs.11,40,000/- which the complainants paid and the OPs acknowledged the receipt of the same by issuing money receipt in favour of the complainants.   It was agreed by and between the parties that the bungalow will be handed over to the complainants within 28 months from the date of commencement of the construction of the building.  A deed of conveyance was also executed and registered in favour of the complainants on 01.07.2016 in respect of the land.  The OPs failed and neglected to take steps for mutation and conversion of land since 2016 and they could not develop and construct the project including the proposed bungalow / duplex as per their terms in spite of receiving full consideration amount of Rs.11,40,000/-.  The OPs also despite execution and registration of the Deed of Conveyance failed to identify and deliver possession of the complainants’ purchased land in the Project “Lord City Sonarpur”. Ultimately on 10.02.2022 the complainants issued a demand notice to the OPs asking them to refund the entire amount of Rs.11,40,000/- including interest.  The said letter returned with postal remarks “No such person in the address” and “Left”.  As the OPs failed to deliver the peaceful vacant possession of the schedule land and could not construct the proposed bungalow / duplex and failed to hand over the same to the complainants despite payment of the entire consideration amount, nor refunded the amount with interest which has already been paid by the complainants, the instant complaint case has been filed on the relief sought for in the petition of complaint.

The OPs did not come forward to contest the case by filing W/V and as such by Order No. 8 dated 28.11.2022, the instant case proceeded ex-parte against the OP Nos. 1 and 2.

                                            Points for Decision :-

  1. Are the complainants, consumers?
  2.  Are the OPs guilty of deficiency in service and unfair trade practice?
  3. Are the complainants entitled to get reliefs as prayed for?

      Decision with Reasons :-

Point No.1 :- 

On perusal of the case record along with copies of documents available on record, it appears that the complainants were willing to purchase the scheduled plot of land measuring about 4 cottahs along with bungalow / duplex more fully described in the schedule of the petition of complaint as well as agreement for sale dated 22.09.2015 and the OPs agreed to sell the same to the complainants for which the agreement for sale dated 22.09.2015 has been made by and between the parties.  The complainants paid Rs.11,40,000/- only on different dates towards the full consideration amount.  Therefore, the complainants are consumers as defined U/S 2(7) of Consumer Protection Act, 2019. 

As such, Point No.1 is decided in favour of the complainants and against the OPs.

Point No. 2 :- 

The complainant booked the scheduled plot of land for construction of bungalow / duplex and entered into an agreement dated 22.09.2015 with the OPs to that effect.  The complainants also made payment of Rs.11,40,000/- towards the full  consideration amount and the OPS acknowledged the same by issuing money receipt.  The OPs executed and registered a deed of conveyance in respect of the land only and it was agreed by and between the parties that proposed bungalow / duplex will be constructed within 28 months from the date of commencement of construction of the building. Despite the payment of the full consideration amount by the complainants the OPs failed and neglected to identify and hand over the possession of the scheduled plot of land to the complainants and to construct the bungalow / duplex their-on as per terms of the agreement dated 22.09.2015.  The complainants finding no other alternative sent an advocate’s letter to the OPs on 10.02.2022 demanding the consideration amount with interest which has been returned with postal remarks “No such person in the address” and “Left”.  Therefore, it is clear from the averment of the complainants that the OPs are guilty of deficiency in service and unfair trade practice. 

As such, Point No.2 is also decided in favour of the complainants and against the OPs.

Point No. 3 :-

The complainants booked the scheduled plot of land from the OPs and made payment of the full consideration amount for the land with bungalow / duplex, as per agreement dated 22.09.2015. But the OPs violated the terms and conditions of the agreement dated 22.09.2015. Neither the OPs identified and nor possession of the scheduled plot of land was delivered nor completed the construction of bungalow / duplex as per terms of agreement dated 22.09.2015.  They also did not refund the amount of Rs.11,40,000/- with interest which they received from the complainants as per terms of the agreement dated 22.09.2015 with interest thereon.  Therefore, as the complainants did not get any positive reply from the OPs they have been compelled to file the present case against the OPs on the reliefs sought for in the petition of complaint. As such, there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the OPs did not hand over the physical possession of the scheduled plot of land nor constructed the bungalow as per terms of the agreement dated 22.09.2015.  The complainants failed to get service from the OPs.  On the other hand, the complainants were harassed by the OPs by various ways.  Therefore the complainants are entitled to get the relief as prayed for.
Thus the Point No.3 is also decided in favour of the complainants and against the  OPs.

In the result, the complaint case succeeds.

Fees paid is correct.

Hence, it is,

                                                     ORDERED

That the instant complaint case be and the same is hereby allowed ex-parte against the OPs with cost of Rs.25,000/- (Rupees twenty five  thousand) only.

The OPs are jointly and severally liable and are directed to hand over the peaceful possession of the schedule plot of land with all amenities as assured along with bungalow / duplex as described in the schedule of the agreement dated 22.09.2015 with completion certificate in favour of the complainant within 45 days from the date of passing this order.

Alternatively, the OPs are jointly and severally liable and are directed to refund the entire amount of Rs.11,40,000/- (Rupees eleven lakhs and forty thousand) only along with @12% simple interest  p.a. w.e.f. 18.02.2015 (Date of payment of consideration amount) till the date of final realization within 45 days from the date of passing this order.

That the OPs are jointly and severally liable and are also directed to pay compensation to the tune of Rs.1,00,000/- (Rupees one lakh) only for mental pain and agony,  deficiency in service, unfair trade practice, harassment and inconvenience suffered by the complainants, within 45 days from the date of passing this order. 

That the OPs are jointly and severally liable and are also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) to the complainants only within 45 days from the date of passing this order. 

That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OPs within 45 days from the date of passing this order.

Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case.  As such he did not sign the Judgement and Order passed on this day. 

Let a copy of the order be supplied free of cost to the parties concerned. 

That the final order will be available in the following website www.confonet.nic.in.

Dictated and corrected by me.  

 

       Ashoke Kumar Pal                   

             President               

 
 
[ SHRI ASHOKE KUMAR PAL]
PRESIDENT
 
 
[ SMT. SANGITA PAUL]
MEMBER
 

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