Dt. of filing 28/06/2019

Dt. of Judgement – 21/01/2021

Mrs. Sashi Kala Basu, Hon’ble President

        This consumer complaint is filed by the Complainant namely Askara Rehman under Section 12 of the Consumer Protection Act, 1986 against the Opposite Party (referred as OP hereafter) namely M/s. Response Properties Limited being represented by its Directors namely Mr. Gopal Dutta, Mr.Suman Bhattacharyya and Mr. Sujit Ganguly, alleging deficiency in service on their part.

          Case of the Complainant in short is that being enticed by an advertisement published by the Opposite Party, she booked a plot of land being Plot No.138 in the Project named “Swan Valley Township Complex” at Pailan and paid Rs.93,333/- on 11/9/2011 by way of two cheques dt.10/09/2011 and 11/09/2011 respectively as booking amount/earnest money out of total consideration of Rs.4,00,000/-. On receiving the said sum, Opposite Party issued one land booking certificate and money receipts dated 10/9/2011 and 11/9/2011. On payment of total sum of Rs.93,333/- and also further payment of EMI amounting to Rs.13,333/- each,  land booking agreement was entered into in respect of the said plot on 17/06/2013. As per the term, period of development was 24 months. As per said land booking agreement, developer was to demarcate the plot of land and register the Deed of Conveyance and to handover its possession. Complainant has paid total sum of Rs.3,56,334/- to the Opposite Party out of consideration price of Rs.4,00,000/-. Complainant and her men when visited the proposed project area, found no work of demarcation was started. Complainant on several occasion requested the Opposite Party to receive the balance amount of consideration and to handover the possession of plot of land but all in vein. Complainant also sent legal notice dated 11/3/2014 and 02/04/2015 but the Opposite Parties have failed to comply. Thus the present complaint is filed by the Complainant praying for directing the OP to refund the entire amount of Rs.3,56,334/- together with interest @ 18% p.a., to pay compensation of Rs.2,00,000/- and to pay litigation cost of Rs.50,000/-.

          Complainant has annexed with the complaint land booking certificates, agreement, money receipts and copy of notices dated 11/3/2014 and 02/04/2015 respectively.

          On perusal of the record it appears that inspite of service of notice, neither any step was taken on behalf of Opposite Party Company nor the directors named in the complaint appeared and thus vide order dated 24/09/2019, case was directed to be proceeded ex-parte.                                                   

          So the only point requires to be considered is whether the Complainant is entitled to the reliefs as prayed.

Decision with reasons

          In order to substantiate her claim that Opposite Party agreed to sell a plot of land being plot no.138 in the Project named “Swan Valley Township Complex” and she has paid total sum of Rs.3,56,334/- out of total consideration of Rs.4,00,000/- , Complainant has filed land booking certificate, the agreement and several receipts showing payment. As per land booking certificate, Complainant paid the booking amount of Rs.93,333/- on 11/9/2011 for the said plot of land and as per the said documents land was to be developed within a period of 24 months. The agreement dated 17/06/2013 discloses that Complainant had paid sum of Rs.3,06,134/- till the date of execution of the said agreement. Several money receipts filed by the Complainant further supports her claim that they have paid total sum of Rs.3,56,334/- out of consideration price of Rs.4,00,000/- Since according to Complainant, she has neither been handed over the plot of land nor have been refunded the amount, on consideration of the documents filed by the Complainant, she is  entitled to the refund of sum paid by her along with interest in the form of compensation especially when before this Commission, no contrary material is forthcoming in order to rebut or counter the claim of the Complainant.

Hence,

                            O R D E R E D

CC/321/2019 is allowed ex-parte. Opposite Party is directed to refund sum of Rs.3,56,334/- along with interest on the said sum @ 12% p.a. from the date of execution of agreement i.e. 17/06/2013 to till this date within two months from this date in default the sum shall carry interest @ 12% p.a. till realisation.

          Opposite Party is further directed to pay litigation cost of Rs.10,000/- within the aforesaid period of two months.