For the Complainants - Miss. Mousomee Shome, Advocate
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The instant complaint under Section 12 of the Consumer Protection Act, 1986 (for brevity, ’the Act’) is at the instance of the intending purchasers against a Private Limited Company and its Managing Director on the allegation of deficiency of services in a dispute of housing construction.
In a capsulated form, complainants case; is that on going through the brochures/leaflet of OP-1/Lord Reality Pvt. Ltd. complainants had booked a plot of land measuring about 04 cottahs with the OP-1 and the OP-1 allotted Unit No. B-181 within Zone-9, Lord City Sonarpur under P.S. Sonarpur, South 24 Pgs at a total consideration of Rs. 6,65,000/-. The complainants have stated that the OP-1 agreed to execute Agreement for Sale but failed to do so in spite of several reminders and request. In terms of allotment letter dated 10.09.2012, complainants have paid Rs. 6,65,000/- to the OP-1 against money receipts. It was agreed between the parties that the OP-1 company will deliver the subject unit and bungalow within 42 months from the date of commencement of construction. The complainants have alleged that after expiry of stipulated period they again requested the OPs to handover possession of the subject bungalow including land but all the requests and persuasions went in vain. Finding no other alternative, the complainants have filed the instant consumer complaint before this Forum seeking redress and reliefs as incorporated in the prayer of the complaint.
OPs despite of notice of the complaint failed to file WV within the limitation period U/s 13 (2) of the CP Act, 1986. No request for condonation of delay or extension of time for filing WV was made. Therefore, right of the OPs to file WV was closed vide order dated 17.01.2020.
In support of their case, complainant-2 Mrs. Keya Dasgupta has tendered evidence through affidavit.
On perusal of consumer complaint, evidence led by the complainants coupled with documents annexed therewith, it would reveal that on 10.09.2012 the OP-2 being the Chairman & Managing Director of OP-1 issued allotment of Unit No B-181 in zone 09 measuring about 2880 sq ft of land at Lord City Sonarpur in favour of the complainants and the total value of Unit No. B-181 was Rs. 6,65,000/-. On Perusal of the money receipts, it go to show that complainants have already paid Rs. 6,65,000/- to OP-1 as consideration money.
Therefore, it is quite evident that as per allotment letter dated 10.09.2012, the OP-1 Company and its Managing Director under obligation to execute and register agreement for sale as well as deed of conveyance in favou of the complainants on receiving on full consideration amount of the subject unit. Complainants have already paid the entire consideration amount of the subject unit to the OP-1 against proper money receipt the OPs failed and neglected to execute any agreement for sale and register deed of conveyance in favour of the complainants. Even the OPs did not hand over possession of the subject bungalow including land to the complainants with 42 months from the date of commencement of construction.
It is well settled that after making payment of entire consideration amount, purchasers cannot wait indefinitely for having a roof over their head. In that perspective, when the OPs have failed to execute and register deed of conveyance as well as handover possession of bungalow in Zone-9, Lord City Sonarpur under P.S. Sonarpur, South 24 Pgs within the time frame and did not keep promise as per allotment letter, this itself amounts to deficiency in services.
On evaluation of materials on record, it is quite evident that the complainants being “consumer” hired the services of the OPs in a dispute bungalow construction and the OPs have failed to keep their promise in handing over the possession of bungalow and land as per commitment in favour of the complainants within the stipulated period and thereby deficient in rendering services within the meaning of Section 2 (1) (g) read with section 2 (1) (o) of the Act. In the premises, complainants are entitled to some reliefs. In our view, when there is hardly any chance to complete the construction in near future, an order directing the OPs to refund the amount of Rs. 6,65,000/- along with the compensation in the form of simple interest at the rate of 7 percent P.A. from the date of each payment till its realization will meet the ends of justice. Under compelling circumstances, the complainants have come up in this Forum for which they are entitled to litigation costs which we quantify at Rs. 5,000/-.
In view of the above, the complaint is disposed of with the following directions:-
- The OPs are directed to refund the amount of Rs. 6,65,000/- along with compensation in the form of simple interest at the rate of 7 percentP.A. in favour of the complainants from the date of each payment till its realization.
- The OPs are also directed to make payment of a sum of Rs. 5,000/- as costs of litigation in favour of complainants.
- The above payments should be paid within 60 days from the date in terms of the above order failing which the complainants shall be at liberty to execute the order by filing application under sections 25 & 27 of the CP Act, 1986 against the OPs.
Order be communicated to the complainants as per Rules.
