Date of filing: 15/07/2019

Judgment date: 11/09/2023

Mr. Sudip Niyogi, Hon’ble President

The complainants filed the instant complaint alleging unfair trade practice against the OP. According to them they had entered into an agreement for sale dated 23/02/2012 with the OP for buying one plot of land vide Plot No. B-125 measuring 3 Cottahs, 3 Chitak and 15 sq. ft. more or less at Satya Park Project as mentioned in paragraph no. 5 of the petition of complaint, and the said project was to be developed by the OP. They advanced in all Rs. 4,44,449/- by making payment on different dates towards the consideration of 6,66,667/-. It is alleged that despite payment of such a huge amount OP deliberately failed to complete the development work and handover the possession of the plot to them and claimed the said project is in abandoned stage. They also made correspondences with the OP but he failed to give any satisfactory reply and intimated that they are not in a position to complete the project following the terms and conditions of the agreement. Thereafter, by issuing a legal notice they requested the OP either to complete the development of the project and hand over the possession thereof and execute a deed of conveyance in their favour or to refund the entire amount paid  by them with interest. Despite receipt of such notice OP kept silent. Ultimately this complaint was filed seeking several reliefs as stated in the petition of the complaint.

Opposite party contested the case by filing a written version denying the allegations made in the petition of complaint. OP alleged that complainants failed to pay the monthly installments of balance consideration as a result the sale agreement was terminated which was duly communicated to the complainant. So they prayed for dismissal of the complaint.

The point for consideration is if the complainant is entitled to relief in this case?

                                                                        FINDINGS

On perusing the petition of complaint, written version and the evidence of the parties, it is found that the agreement dated 23/02/20212 entered into between the parties is an admitted fact. Also it is admitted that OP initially paid 1,33,333/- as stated in the agreement itself and the balance amount of Rs. 5,33,334/- was agreed to be paid by way of 36 equal monthly installments where the amount of total consideration was Rs. 6,66,667/- It is further admitted that in all, complainants paid Rs. 4,44,449/-.

Now, the allegation of the complainants is despite making payment a huge amount towards consideration, OP failed to complete the project and hand over their plot as agreed upon. Even repeated request to know the status of their plot was not intimated and according to complainant the said project is in abandoned stage.

The agreement for sale reveals in the event the vendor company failing to complete the project within the stipulated time, the purchasers may take refund of the full amount of money paid towards price of the land along with interest. We find not a single scrap of paper has been produced on behalf of the OP denying the allegation of the complainant that they failed to complete the project or the project being in an abundant stage though OP claimed that the agreement of the complainant was terminated. In fact OP failed to show as to the status of the project, more particularly the developments of the plot booked by the complainants. Therefore we find there are sufficient grounds of the complainant for feeling aggrieved with the entire development.

In their petition of complaint, the complainants made alternative prayers for a direction upon the OP either to deliver possession of their plot in developed condition in accordance with the agreement to them or refund the money paid by them with interest, besides compensation and cost of litigation. So we are inclined to pass the order as stated below:-

It is

                                                   ORDERED

That the instant complaint case stands allowed on contest against the OP.

OP is hereby directed either to deliver possession of the plot in question to the complainants after completion of all the development works in accordance with the agreement dated 23/02/2012 or to refund the entire amount of Rs. 4,44,449/- paid by them towards consideration along with interest @ 9% p.a.

Apart from this, OP is to pay Rs. 5,000/- for cost of litigation to the complainant.

As the interest is awarded on the principal amount paid by the complainants no separate amount in the form of compensation is being awarded.

OP is directed to comply with this order within 60 days from the date of this order failing which the complainants shall be at liberty to proceed in accordance with the law. 

Dictated and corrected by me

President