Date of Filing: 07.08.2019

Date of Judgment: 12.09.2022  

Mrs.  Sashi Kala Basu, Hon’ble  President

This complaint is filed by the complainants , 1) Sanjay Roy and 2) Smt. Poonam Roy ,  under section 12 of the C.P Act, 1986 against the Opposite Parties(referred to as O.Ps hereinafter) namely 1) SRAB Real Estate Pvt. Ltd. and 2) Sk. Ayub Ali, and 3) Sk. Asgar Ali alleging deficiency in service on their part.  

          The case of the complainants in short is that by virtue of an agreement for sale dated 17.9.2013 they agreed to purchase a plot of land from the O.Ps at a consideration of Rs. 2,10,000/- ,of which the complainants have already paid a sum of Rs. 1,83,750/- . Inspite of making payment of major part of the consideration money, the O.Ps have neither handed over possession of the plot of land , nor have executed the deed in respect of the said plot in favour of the complainants. On visit of the complainants in the project site, they found that no development work was done towards the said project. However, ultimately O.Ps declare that they were unwilling to complete the said project due to some technical issues and thus they were ready to refund the earnest money paid by the complainant and accordingly issued 4 cheques of Rs. 36,750/- each but on presentation of those cheques they were dishonoured for the reason “Fund insufficient”. So, legal notice was sent by the complainants, asking the O.Ps to refund the said sum of Rs. 1,83,750/- but the O.Ps paid no heed and thus present complaint has been filed by the complainant directing the O.Ps to refund Rs. 1,83,750/- with statutory bank interest, to pay compensation of Rs. 1 lac and Rs.50,000/- towards cost of litigation.

            The O.Ps have contested the case by filing written version contending inter alia that the complainants never took any initiative to contact with the O.Ps. It is further contended that the O.Ps had already intimated the complainants several times regarding technical issues for not completing the said project on time. But the complainants paid no heed and came up with this case with ulterior motive. So, the O.Ps have prayed for dismissal of the case.

            During the course of the trial it appears that complainants have filed only affidavit-in-chief. No questionnaire was filed by the O.Ps, neither they have filed any evidence. Thus, ultimately the case was fixed for argument. BNA was filed by the complainants but no step was taken by the O.Ps, neither they filed any brief notes of argument.   

            So, the only point requires determination in this case is whether the complainant is entitled to the relief as prayed for.

Decision with reasons

            At the very outset it may be pertinent to point out that the O.Ps in their written version has not disputed and denied about the execution of the agreement with the complainant agreeing thereby to sell the plot of land. It is also not in dispute that a sum of Rs. 1,83,750/- has been paid by the complainants as earnest money out of the total consideration price of Rs. 2,10,000/-. The O.Ps have also not disputed and denied that the possession of the plot has not been handed over to the complainant. Their only claim is that they could not carry out the development work in the said project site due to some technical issues but have not stated what is the said technical issues.

            It is also evident from the documents filed by the complainants which consists of 4 cheques with bank memo slip indicating that those cheques were issued by the O.Ps of Rs. 36,750/- each towards the refund of the sum but they have been dishonoured for insufficient fund. In such a situation as neither the plot has been handed over nor the money has been refunded to the complainant by the O.Ps, the complainants are entitled to the said sum paid by them of Rs. 1,83,750/- along with interest on the said sum from the date of last payment made by the complainants in the form of compensation.

            It will not be out of place to mention here that the agreement entered into between the parties dated 17.9.2013 bears the clear recital about the work tobe carried towards the development before handing over of the plot to the complainants.

Hence,

            ORDRED

CC/402/2019 is allowed on contest.

The O.Ps are directed to refund the sum of Rs. 1,83,750/- along with interest on the said sum @9% p.a from the date of last payment made by the complainants to till this date within 2 months, in default of payment ,the entire sum shall carry further interest @9% p.a till full realization.

The O.Ps are further directed to pay litigation cost of Rs. 10,000/- to the complainant within the aforesaid period of 2 months.