Judgement dt. 10.03.2017

        This is a complaint made by one Pijush Kanti Jana against Shri Samir Naskar Managing Director of M.S. Sunlight Abasan Pvt. Ltd. OP. Praying for a refund of Rs 150000/- with 15% interest and also compensation of Rs. 100000/- and ligitation cost of Rs. 40000/-.

        Fact in brief are that Complainant entered into an agreement for sale with OP and booked Flat No S318 as per the agreement the price was fixed to Rs. 375000/- out of which Complainant paid Rs. 150000/-. Further interms of the agreement the OP was to develop the land with basic infrastructures like Sewarge system, Electric supply and proper drainage. Three years passed but no development was made. Complainant persuaded the OP for executing a register deed of the plot but it was not done. So Complainant filed this case.

         OP filed Written Version and denied the material allegation of the Complainant. OP have stated that this forum has no jurisdiction, and the facts of Complaint are covered under specific relief Act. Further OP has state that the relationship is of purchaser and seller. Only civil court has jurisdiction over the dispute. As such OP have prayed for dismissal of the Complaint.

Decission with reasons

           Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the Complaint. Against which OP has filed questionnaire to which Complainant has filed affidavit-in-reply. Similarly OP has filed evidence against which Complainant filed questionnaire and OP has filed affidavit-in-reply.

           Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

           First prayer of complainant is refund of Rs. 150000/- OP has admitted that Complainant has paid the money but he did not pay further installments. Whatever may be the facts the payment of Rs. 150000/- is admitted. In such circumstance it was the duty of OP to cancel the booking and refund the money in terms of the agreement which OP did not do.

            OP has alleged that only Civil Court has jurisdiction to adjudicate this case, does not appear to be sound. It is because in terms of the agreement OP was to develop the area so that the Complainant could have been in a position to construct a house over there. As such OP made deficiency in service and so Complainant is a Consumer.

             On perusal of affidavit-in-chief, questionnaire and affidavit-in-reply of respective parties it is clear that OP made deficiency in service so he bound to refund the money taken from the Complainant with litigation cost of Rs. 10000/-. Compensation is not awarded because the allegation of OP is that the Complainant did not pay rest of the installment.

Hence,

Ordered

             CC/293/2016 and the same is allowed on contest in part. OP is directed to refund Rs. 150000/- to the Complainant within 4 months of this order. In default the amount shall carry interest @ 10% p.a. in addition OP is directed to pay Rs. 10000/- within this period in default this amount shall also carry interst of 10% p.a.