Date of Filing: 11.11.2019
Date of Judgment: 07.09.2022
Mrs. Sashi Kala Basu, Hon’ble President
This complaint is filed by the complainants, Mangala Bandoypadhyay and Mrs. Swati Banerjee (Chatterjee), under section 12 of the C.P Act, 1986 against the Opposite Parties(referred to as O.Ps hereinafter) namely SRAB Real Estate Pvt. Ltd. represented by its Managing Directors namely 1) Sk. Asgar Ali and 2) Sk. Ayub Ali, alleging deficiency in service on their part.
The case of the complainants in short is that O.P being represented by its Directors entered into an agreement with the predecessor-in-interest of complainant on 18.2.2016 to sell a plot of land at a total consideration of Rs. 2 lac of which complainant paid initially Rs.5000/- by account payee cheque and thereafter Rs. 45000/- has been paid on 15.9.2014 and balance of Rs. 1,50,000/- was paid again by an account payee cheque on 18.2.2016. So, the entire sum as agreed towards the consideration has been paid by the complainant but the plot has not been handed over by the O.P inspite of several requests made by the complainants. So, the present complaint has been filed by the complainants praying for directing the O.Ps to complete the demarcation and hand over the possession of the subject plot of land in default to pay the current price i.e Rs. 1,40,000/- per cattah, to pay Rs.50,000/- for delay in delivery of possession of the plot, to pay Rs.30,000/- towards compensation for harassment and Rs.20,000/- towards litigation cost.
On perusal of the record it appears that inspite of service of notice step was not taken by the O.Ps and thus vide order dated 14.01.2020 the case was directed to be proceeded exparte.
So, the only point requires determination is whether the complainant is entitled to the relief as prayed for.
Decision with reasons
In support of their claim the complainants who are the legal heirs of the original complainant namely Ratan Kumar Bandyopadhyay (died during the pendency of the proceedings) have filed an agreement entered into between the original complainant and the O.Ps, wherefrom it appears that there is a specific recital that the O.P shall develop the land by providing the infrastructure as highlighted therein and after development of the plot, the possession would be handed over by or on 31st December, 2017.
In support of their claim that they have paid the entire consideration price the complainants have also relied upon the recital in the agreement wherein it has been specifically stated that the consideration price of Rs.2 lac has already been received by the O.Ps. Same is also evident from the memo of consideration in the agreement itself.
So, as it is the specific case of the complainant that plot of land as per terms of the agreement has not been delivered , the complainants are entitled to the relief as prayed for, especially as before this Commission no contrary material is forthcoming to counter and rebut the claim of the complainants. However, it may be mentioned here that complainants have claimed in alternatively for direction upon the O.P to pay Rs. 1,40,000/- per cattah as per the present market value of the plot but in support of their said claim no document has been filed. So, in such a situation complainants are entitled to refund of the sum paid by them in alternative, if O.Ps failed to deliver the plot of land, and also the interest therein.
Hence,
ORDERED
That the CC/571/2019 is allowed exparte.
The O.Ps are directed to deliver the plot of land as per agreement dated 18.2.2016 within 3 months from this date and also to execute and register the sale deed in favour of the complainant.
In alternatively, O.Ps shall refund the sum of Rs.2 lac paid by the complainants along with interest on the said sum @10% p.a. from the date of agreement to till this date within 3 months from this date.
In default of payment of the sum, the entire sum shall carry further interest @10% p.a till its realization.
The O.Ps are also directed to pay litigation cost of Rs. 10,000/- within the aforesaid period of 3 months.
