Order No:10
Today is fixed for delivery of judgment/final order.
Final order containing 7 pages is ready. It is sealed, signed and delivered in open Forum/Commission.
It is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 25,000/-.
The O.Ps. are jointly and severally directed to handover the vacant and peaceful possession of the developed plot of land as described in schedule ‘B’ of the agreement for sale dated 17.04.2013 in favour of the complainants and to execute and register a proper deed of conveyance in respect of the scheduled plot of land within 60 days from the date of passing this order.
The O.Ps. are jointly and severally directed to pay compensation to the tune of Rs. 2,00,000/- only for mental pain and agony suffered by the complainants within 60 days from the date of this order. Alternatively, the O.Ps. are jointly and severally directed to refund the entire amount of Rs 8,00,000/- only along with 12% interest p.a. with effect from 01.01.2016 till the date of final realization within 60 days from the date of passing this order.
That the O.Ps. are jointly and severally directed to pay litigation cost of Rs. 25,000/-.
That the complainants are at liberty to put the order into execution after expiry of 60 days if the orders are not complied with by the O.Ps. within 60 days from the date of this order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
JUDGEMENT
Sri Ashoke Kumar Pal, President.
The complainants’ case in short is that they have applied for booking a plot of land being number A-116 measuring about 2880 sq.ft. which is more fully described in schedule ‘B’ of the agreement for sale annexed with the petition of complaint at a total consideration of Rs. 8,00,000/-. The complainants have paid Rs. 2,40,000/- (two lakh forty thousand only) on different dates by five A/c Payee cheques. An agreement for sale was also made on 17.04.2013. As per terms of the agreement, the complainants also paid the balance consideration amount of Rs. 5,60,000/- by 24 equal monthly installments by A/c Payee cheques on different dates. It was agreed by both the parties that the O.Ps. will handover possession of the said plot of land to the complainants by 2015. But ultimately the O.Ps. could not handover the said plot of land to the complainants in violation of the terms and conditions of the agreement for sale. On 31.12.2020 the complainants sent a legal notice to the O.Ps. demanding refund of Rs. 8,00,000/- along with 12% interest within 15 days of the receipt of the notice. On 25.01.2021 a reply was sent to the complainants by the O.Ps. falsely claiming that the project work was about to complete and demanded the necessary charges for registration of the deed of conveyance. After receiving the reply the complainants visited the locale and found that no development work has been done as per clause 5 in the agreement for sale. As such the complainants again demanded the refund of Rs. 8,00,000/- with interest from the O.Ps. As the O.Ps. failed to comply with the requirement of the demand notice of the complainants, the instant complaint case has been filed with a prayer to refund of Rs. 8,00,000/- along with 12% interest, compensation of Rs. 5,00,000/- for breach of agreement, harassment and mental agony and to pay litigation cost of Rs. 1,30,000/-.
The O.Ps. received the notice of the case but ultimately did not turn up to contest the case by filing W.V. and as such the case was proceeded with ex-parte.
The cause of action of this case arose on 01.01.2016 i.e. after the expiry of the date of delivery of possession of the said plot of land to the complainants and thereafter on 08.02.2021 when the complainants received the reply dated 25.01.2021.
POINTS OF CONSIDERATION :
- Are the complainants consumers?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get the relief as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
On perusal of the case record along with documents it appears that the complainants were willing to purchase the scheduled plot of land more fully described in schedule ‘B’ of the agreement dated 17.04.2013 and the O.Ps. agreed to sell the same to the complainants for which an agreement for sale dated 17.04.2013 was made. The complainants paid Rs. 5,60,000/- on different dates by A/c Payee cheques out of total consideration amount of Rs. 8,00,000/-. Therefore, the complainants are consumers as defined in section 2(7) of the Consumer Protection Act, 2019. As such point No. 1 is decided in favour of the complainants.
Point No. 2:
The complainants booked the scheduled plot of land and entered into an agreement dated 17.04.2013 with the O.Ps. to that effect. The complainants also made payment tune of Rs. 5,60,000/- out of total consideration amount of Rs. 8,00,000/- on different dates by A/c Payee cheques. The complainants filed a statement to that effect along with petition of complaint from which it appears that all the payments were properly made. On the other hand the O.Ps. failed to handover the possession of the scheduled plot of land to the complainants in violation of clause 5 of the agreement for sale. The O.Ps. could not complete the project work within 2015 despite the assurance given by them to do so. On 31.12.2020 the complainants have sent notice to the O.Ps. demanding total consideration amount of Rs. 8,00,000/- which the complainants already paid to the O.Ps. on different dates. In reply to the same the O.Ps. sent a letter to the complainants on 25.01.2021 falsely alleging that as the complainants did not pay them the charges for registration of the deed of conveyance, the scheduled plot of land could not be handed over to them. But actually the O.Ps. never approached the complainants prior to the Advocate's letter dated 25.01.2021 for registration of the deed of conveyance nor completed the project work. The complainants visited locale after receiving the letter dated 25.01.2021 and found that no development work has been done as per terms of the agreement for sale. Therefore, it is clear that from the averment of the complainants that the O.Ps. are guilty of deficiency in service and unfair trade practice. As such the second point is also decided in favour of the complainants.
Point No. 3:
The complainants booked the scheduled plot of land from the O.Ps. and made the full payment of Rs. 8,00,000/- on different dates by A/c Payee cheques. But the O.Ps. violated the terms and conditions of the agreement dated 17.04.2013. Neither the O.Ps. handed over the scheduled plot of land as described in schedule ‘B’ of the agreement nor they returned the amount of Rs. 8,00,000/- with interest which they received from the complainants as per agreement for sale dated 17.04.2013. Thereafter, as the complainants did not get any positive response from the O.Ps. they have been compelled to file the present case against the O.Ps. on the reliefs sought for in the petition of complaint. As such there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.Ps. did not handover the physical possession of the scheduled plot of land to the complainants nor any deed of conveyance has been executed and registered in favour of the complainants. The complainants failed to get the service from the O.Ps. On the other hand the complainants were harassed by the O.Ps. by various ways. Therefore, the complainants are entitled to get the reliefs as prayed for. The third point is also decided in favour of the complainants.
In the result, the complaint case succeeds.
Court fees paid is corrected.
Hence, it is
ORDERED
That the complaint case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 25,000/-.
The O.Ps. are jointly and severally directed to handover the vacant and peaceful possession of the developed plot of land as described in schedule ‘B’ of the agreement for sale dated 17.04.2013 in favour of the complainants and to execute and register a proper deed of conveyance in respect of the scheduled plot of land within 60 days from the date of passing this order.
The O.Ps. are jointly and severally directed to pay compensation to the tune of Rs. 2,00,000/- only for mental pain and agony suffered by the complainants within 60 days from the date of this order. Alternatively, the O.Ps. are jointly and severally directed to refund the entire amount of Rs 8,00,000/- only along with 12% interest p.a. with effect from 01.01.2016 till the date of final realization within 60 days from the date of passing this order.
That the O.Ps. are jointly and severally directed to pay litigation cost of Rs. 25,000/-.
That the complainants are at liberty to put the order into execution after expiry of 60 days if the orders are not complied with by the O.Ps. within 60 days from the date of this order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
