Sri Ashoke Kumar Pal, President.
Stripped of unnecessary details, the case of the complainant in a nutshell is that the complainant entered into an agreement for sale (Annexure – A) on 12.12.2013 with the O.Ps. for purchasing 8 Cottahs of land from the O.Ps. as described in the schedule of the petition of complaint at a valuable consideration of Rs. 1,35,000/-(Rupees one lakh thirty five thousand) only per Cottahs totaling to amount of Rs. 10,80,000/-(Rupees ten lakh eighty thousand) only. The complainant paid Rs. 8,77,500/-(Rupees eight lakh seventy seven thousand five hundred) only by installments on different dates starting from 23.01.2014 till 10.12.2016 for which money receipts have been issued by the O.Ps. (Annexure – B series). Thereafter, the complainant on 20.08.2015 wrote the O.Ps. regarding their delay in the developmental work in the suit property (Annexure – D). The O.Ps. by letter dated 03.12.2016, 11.02.2017, 07.07.2017 and 28.06.2018 informed the complainant that they will hand over the possession of the scheduled plot of land to the complainant very soon and also assured the complainant that in case of failure to deliver the possession of the scheduled plot of land to the complainant they will pay back the entire amount which has been received from the complainant (Annexure – E, F, G & H). Thereafter, the complainant several times contacted with the O.Ps. and requested them to deliver the physical possession of the scheduled plot of land and to execute and register a proper deed of conveyance in favour of the complainant. But the O.Ps. failed to pay any heed thereof and did not handover the possession of the suit property nor executed and registered a proper deed of conveyance in favour of the complainant in terms of the agreement dated 12.12.2013 and hence, this case.
The O.Ps. despite receipt of the notice of this case did not come forward to contest the case by filing W.V. and as such the instant case proceeded ex-parte as against the O.Ps. as per Order No. 06 dated 20.05.2022.
POINTS FOR CONSIDERATION:
- 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 was willing to purchase the scheduled plot of land measuring about 8 Cottahs morefully described in the Schedule of the petition of complaint as well as agreement for sale dated 12.12.2013 (Annexure – A) and the O.Ps. agreed to sell the same to the complainant for which the agreement for sale dated 12.12.2013 (Annexure – A) was made by and between the parties. The complainant paid Rs. 8,77,500/-(Rupees eight lakh seventy seven thousand five hundred) only by instalments on different dates starting from 23.01.2014 to 10.12.2016. Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, the first point 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 12.12.2013 (Annexure – A) with the O.Ps. to that effect. The complainant also made payment of Rs. 8.77,500/-(Rupees eight lakh seventy seven thousand five hundred) only on different dates and the O.Ps. acknowledged the receipt of the same by issuing money receipts (Annexure - B series). 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 major portion of the consideration amount by the complainant as per terms of the agreement dated 12.12.2013, 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 in favour of the complainant. The complainant finding no other alternative demanded the O.Ps. to pay back the amount of Rs. 8,77,500/-(Rupees eight lakh seventy seven thousand five hundred) only along with bank 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 payment of Rs. 8,77,500/-(Rupees eight lakh seventy seven thousand five hundred) only on different dates. But the O.Ps. violated the terms and conditions of the agreement dated 12.12.2013. Neither the O.Ps. handed over the possession of the scheduled plot of land as described in the schedule of the petition of complaint as well as the agreement for sale dated 12.12.2013 nor they returned the amount of Rs. 8,77,500/-(Rupees eight lakh seventy seven thousand five hundred) only with interest and compensation which they received from the complainant as per terms of the agreement for sale dated 12.12.2013. Therefore, as the complainant did not get any positive response from the O.Ps., he 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.
As such, 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.Ps. 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 amount of Rs. 8,77,500/-(Rupees eight lakh seventy seven thousand five hundred) only along with simple interest @ 12% p.a. with effect from 23.01.2014 (date of payment of first instalment) till the date of final realisation thereof within 45 days from the date of passing this 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, deficiency in service and unfair trade practise suffered by the complainant within 45 days from the date of passing this Order, i.d., it will carry simple interest @12% p.a. from the date of passing this Order till the date of final realisation thereof.
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 45 days from the date of passing this Order, i.d., it will carry simple interest @12% p.a. from the date of passing this Order till the date of final realisation thereof.
The complainant is at liberty to put the order in execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 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.
President
