Date of Filing: 26.11.2019
Date of Judgment: 16.11.2021
Mrs. Sashi Kala Basu, Hon’ble President
This complaint is filed by the complainant , Sri Souvik Roy , under section 12 of the C.P Act, 1986 against the O.P namely Petals Developer Pvt. Ltd. being represented by its Managing Director namely Uttam Halder , alleging deficiency in service and unfair trade practice on the part of the O.P.
The case of the complainant , in short, is that by an agreement for sale dated 16.10.2015 entered into between the parties , O.P agreed to sell a plot of land after its development at a consideration of Rs. 8,42,992/-. Complainant has paid a total sum of Rs.4,94,800/- out of Rs. 8,42,992/- . As per terms of the agreement the O.P had to develop the plot of land and to deliver the possession within 4 years. But the O.P failed to do so. On personal visit of the complainant to the project site, it was found that no development work was in progress. A complaint case was filed earlier but the same was dismissed on the ground of it being premature in nature.
A letter was sent by the O.P to the complainant stating that the plot in question is ready to hand over . But when the complainant visited the site, nobody was present. So, the present complaint has been filed by the complainant praying to direct the O.P to execute the deed of conveyance in favour of the complainant in terms of the agreement for sale dated 16.10.2015 after handing over the plot of land, to pay compensation of Rs. 5 lac for harassment and litigation cost of Rs. 2 Lac.
Complainant has filed the agreement for sale, several receipts showing payment towards the consideration price, the correspondences exchanged between the parties including the notice sent by the complainant through his Ld. Advocate and the letter sent by the O.P on 23.3.2019 to the complainant.
On perusal of the record it appears that inspite of service of notice as no step was taken by the O.P, the case was directed to be proceeded exparte against the O.P.
So, point requires determination whether the complainant is entitled to the relief as prayed for.
DECISION WITH REASONS
In support of his claim that he agreed to purchase a plot of land at a consideration of Rs. 8,42,992/- and has made the part payment, complainant has filed agreement for sale dated 16.10.2015 , wherefrom it appears that the O.P agreed to develop the land and to hand over the possession within 4 years. The receipt filed by the complainant shows that a total sum of Rs. 4,94,800/- is paid by the complainant out of total consideration of Rs. 8,42,992/- . It may be mentioned here that with regard to the payment made by the complainant for the month of July and August, 2007 , though the original receipt has not been filed ,but the complainant has stated that the receipt has been sent by the O.P through Whatsapp on payment of Rs.26,800/- .
According to the complainant on receipt of the letter from the O.P when he visited the site, it was found no progress towards the development of the project and no one was found on the site. Since before this Commission there is absolutely no material to counter and rebut the claim of the complainant, the complainant is entitled to the relief as prayed for on payment of balance consideration price. Complainant is also entitled to the compensation as inspite of the part payment made by the complainant he has not been delivered the plot even much after the expiry of the stipulated period. So, an amount of Rs.40,000/- will be justified towards compensation.
Hence,
ORDERED
That CC/626/2019 is allowed exparte.
O.P is directed to execute and register the deed of conveyance in respect of the plot of land as per agreement dated 16.10.2015 after handing over the possession of the land to the complainant on payment of the balance consideration price of Rs. 3,48,192/- by the complainant, within 3 months from this date.
The O.P is further directed to pay a sum of Rs. 40,000/- as compensation and litigation cost of Rs.10,000/- to the complainant within the aforesaid period of 3 months from this date.
