Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainant in a nutshell is that the complainant intended to purchase 15.0 Kathas of land from the O.Ps. morefully described in the schedule-A of the petition of complaint and the agreement for sale dated 24.02.2015 executed by and between the parties. Booking amount of Rs. 11,000/-(Rupees eleven thousand only) was paid on 30.12.2014, thereafter, Rs. 4,57,750/-(Rupees four lakh fifty seven thousand seven hundred and fifty only) was paid on 22.01.2015 and Rs. 29,297/-(Rupees twenty nine thousand two hundred and ninety seven only) and was paid on 13.12.2015. The total consideration amount was Rs. 18,75,000/- (Rupees eighteen lakh seventy five thousand only) out of which the complainant already paid Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) and money receipts were accordingly issued by the O.Ps. As per terms of the agreement dated 24.02.2015, the O.Ps. were required to develop the property within 18 months from the date of the agreement, i.d., the O.Ps. were to pay back the entire amount received from the complainant along with 18% interest from the date of agreement till the date of final realization. Despite commitment, the O.Ps. failed and neglected to develop the property within 18 months and also failed and neglected to handover possession as well as to execute and register the deed of conveyance within 48 months from the date of agreement. By letter dated 28.06.2018 and 27.11.2020 the O.Ps. expressed their inability to develop the property and undertook to refund the earnest money within 31.12.2020, but ultimately failed to do so. On 02.08.2021 the complainant sent a legal notice through his Ld. Advocate to the O.Ps. but they failed and neglected to comply with the requirements of the said legal notice and hence this case.
The O.Ps. did not come forward to contest the case by filing W.V. although they received the notice. As such the case proceeded ex-parte against the O.Ps.
POINTS FOR DECISIONS:
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
On perusal of the case record along with the documents, it appears that the complainant with intent to purchase 15.0 Kathas of land from the O.Ps. entered into an agreement on 24.02.2015 (Annexure – B) and paid Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) out of total consideration amount of Rs. 18,75,000/-(Rupees eighteen lakh seventy five thousand only). The O.Ps. issued money receipts for the same (Annexure –C series). Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019. As such, Point No. 1 is decided in favour of the complainant and against the O.Ps.
Point No. 2:
The complainant booked the scheduled plot of land and entered into an agreement dated 24.02.2015 with the O.Ps. to that effect. The complainant also made payment of Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) out of the total consideration amount of Rs. 18,75,000/-(Rupees eighteen lakh seventy five thousand only) on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts. The complainant filed copies of the money receipts along with the petition of complaint from which it appears that all the payments have been properly made. On the other hand, despite payment of the earnest money by the complainant as per terms of the agreement dated 24.02.2015, the O.Ps. failed and neglected to handover the possession of the scheduled plot of land to the complainant and to execute and register a proper deed of conveyance. The complainant finding no other alternative demanded the O.Ps. to pay back the amount of Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) along with statutory interest and compensation. Therefore, it is clear from the averment of the complainant 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 complainant and against the O.Ps.
Point No. 3:
The complainant booked the scheduled plot of land from the O.Ps. and made a part payment of Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) out of total consideration amount of Rs. 18,75,000/-(Rupees eighteen lakh seventy five thousand only) on different dates. But the O.Ps. violated the terms and conditions of the agreement dated 29.02.2015. Neither the O.Ps. handed over the scheduled plot of land as described in the schedule of the agreement for sale dated 24.02.2015 nor they returned the amount of Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) with interest which they received from the complainant as per terms of the agreement for sale dated 24.02.2015. Therefore, as the complainant did not get any positive response from the O.Ps. she has been compelled to file the present complaint 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 complainant is 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 complainant nor any deed of conveyance has been executed and registered in favour of the complainant. The complainant failed to get service from the O.Ps. On the other hand, the complainant was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus, the third point is also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is
ORDERED
That the instant case be and the same is allowed ex-parte against the O.P. Nos. 1 to 4 with cost of Rs. 25,000/-( Rupees twenty five thousand only).
The O.Ps. are jointly and severally liable and directed to refund the entire earnest money amounting Rs. 9,96,096/-(Rupees nine lakh ninety six thousand and ninety six only) only along with simple interest @ 18% p.a. with effect from 30.12.2014 (date of payment of first instalment) till the date of final realization within 60 days from the date of passing Final Order.
The O.Ps. are jointly and severally liable and also directed to pay compensation to the tune of Rs. 2,00,000/-(Rupees two lakh only) for mental pain and agony suffered by the complainant within 60 days from the date of passing Final Order.
The O.Ps. are jointly and severally liable and also directed to pay the litigation cost of Rs. 25,000/-( Rupees twenty five thousand only) within 60 days from the date of passing Final Order.
The complainant is at liberty to put the order in execution after the expiry of 60 days in case the orders are not complied with by the O.Ps. within 60 days from the date of passing 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.
Ashoke Kumar Pal
President
