The fact of the case of the complainant is that the complainant made an agreement with Op regarding purchase of 300 sq.ft. shop with price Rs.12,00,000/- under money receipt. The time limit was 18 months . The complainant came to know that Op were trying to dispose of the shop room. But complainant states he paid total amount Rs.10,00,000/- out of Rs.12,00,000/-. Complainant also states that Opposite parties sent a legal notice to this complainant for cancellation of agreement dated 8.2.2013 and refund of the said amount . The complainant willing to pay Rs.2,00,000/- and want registration of the shop room. It is also alleges that Op iforme3d him by letter on 8.1.2016 that the Op has transferred the schedule shop to 3rd party . As such, the case was born.
Op contested the case by filing Written version denying inter alia all material allegations . The positive case of the Op is that Opposite party verbally requested the complainant to register the shop room but the complainant did not
do that. There was laches on the part of the complainant in getting the shop room. The Op wanted to refund the advance money of the complainant with bank interest from the date of agreement till the date of the petition filed by the complainant. The op did not cause any damage and harassment to the complainant. Accordingly, it is prayed by the Op to pass necessary order/dismiss the case.
The complainant has filed copy of Agreement, receipts and Advocate’s letter. The complainant also filed Evidence in chief and Written Notes of argument. The Opposite party filed Evidence in chief and Written Notes of argument.
POINTS FOR DECISION :
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
Point no.1
It is admitted fact that the complainant has paid Rs.10,00,000/- to the Opposite party for purchasing a shop room of 300 sq.ft. to the Op and it is also admitted by the OP that complainant paid him Rs.10,00,000/-. As such the complainant is a consumer under the C.P.Act, 1986.
Point no.2 and 3
Both the points are taken together for easiness of discussion.
We have gone through the complaint, evidence in chief, agreement and Written Notes of argument of both sides. It is admitted by the Op that agreement was done and Op offered the shop room to complainant but the same was not registered due to laches of complainant. In the prayer portion the complainant did not show any prayer to get the shop room, possession and registration. He prayed for compensation of Rs.16,00,000/- (principal with interest). Op in his Written Notes of argument stated they are ready to refund the whole advance amount along with interest at Bank rate i.e. 8.5 % per annum calculating from August 2014 to August 2017 amounting Rs.12,77,289/- (Rupees twelve lakhs seventy seven thousand two hundred eighty nine)only. The complainant did not mention period and rate of interest. Whereas the Op has clarified this. So, we have no hesitation that if the complainant gets Rs.12,77,289/- along with mental
harassment Rs.10,000/- and litigation cost Rs.10,000/- then the dispute will be ended with joyful mind of both sides. Accordingly it is -
Ordered
That the CC no. 9 of 2016 be and the same is allowed on contest. The Ops are directed to pay Rs.12,77,289/- to the complainant forthwith. The Ops are also directed to pay Rs.10,000/- to the complainant towards his harassment , mental agony and pain . The Ops are further directed to pay Rs.10,000/- to the complainant towards litigation cost.
The Ops shall comply the above orders within 30 days from the date of this order i.e. Rs.200/- per day shall be imposed upon the Ops and that amount will be deposited in the Consumer Legal Aid Fund till full realisation.
Let a copy of this order be made over to the parties free of cost.
