Dt. of filing : 30/06/2017
Dt. of Judgement : 07/06/2019
Mrs. Sashi Kala Basu, Hon’ble President
This consumer complaint is filed by the Complainant namely Tarun Kumar Das under Section 12 of the Consumer Protection Act, 1986 against the Opposite Party namely Tapan Ghosh, Managing Director, ABS Land Development & Construction Pvt. Ltd.
Case of the Complainant in short is that by an agreement dated 13/11/2011 entered into between him and the Opposite Party, he agreed to purchase a plot of land described in the schedule “B” of the agreement on payment of total consideration price of Rs.3,40,000/- As per agreement Opposite Party had to complete the project within the month of December, 2013. Complainant paid the total amount of Rs.3,08,000/- but as it was noticed that no work towards the development of the project was done by the Opposite Party, by a letter dated 20/1/2014 Complainant wrote the Opposite Party to return his deposited amount. Opposite Party by a letter dated 25/4/2014 agreed to pay the amount from the month of October, 2014 to February, 2015 but he paid not a single penny to the Complainant. Lastly, Complainant served a notice through his Ld. Advocate to return the money but all in vain. Opposite Party has neither handed over the plot nor paid back the money. So the present complaint has been filed by the Complainant praying for directing the Opposite Party to return the amount of Rs.3,08,000/- , to pay interest @ 18% p.a. payable to the Complainant from the date of amicable settlement, to pay compensation of Rs.60,000/- and litigation cost of Rs.20,000/-.
Complainant has annexed with the complaint petition, copy of the agreement, copy of the letter dated 20/1/2014 sent by the Complainant to the Opposite Party, copy of the letter dated 25/4/2014 sent by the Opposite Party to the Complainant stating about the settlement and the copy of demand notice dated 9/6/2017.
Opposite Party has contested the case by filing written version denying the allegations made in the complaint petition contending inter alia that the Opposite Party has already demarcated and physically handed over the said plot to the Complainant. Plots have been developed according to agreement long before. But the Complainant himself has not taken any step to register the deed of sale in his favour even after several requests by the Opposite Parties. So, Opposite Party has prayed for dismissal of the case with exemplary cost of Rs.5,00,000/-.
During the course of evidence, both the parties adduced their evidence by filing affidavit-in-chief followed by filing questionnaire and reply thereto and ultimately argument has been advanced by both the parties.
So the following points require determination:-
- Whether there has been any deficiency in rendering service on the part of the Opposite Party?
- Whether the Complainant is entitled to the relief as prayed for?
Decision with reasons
Point No.1 & 2
Both these points are taken up for a comprehensive discussion in order to avoid repetition.
It is an admitted fact that an agreement was entered into between parties on13/11/2011 whereby Opposite Party agreed to sale the plot of land on payment of consideration price of Rs.3,40,000/-. According to the Complainant, he has paid an amount of Rs.3,08,000/- out of the total sum. But as no development work was done towards the development of the project, he by a letter dated 20/1/2014 asked the Opposite Party to return back her deposited amount.
So far as payment of Rs.3,08,000/- as claimed by the Complainant is not much disputed as the specific case of the Opposite Party in the written version is that the development of plot of land was completed and the Opposite Party physically handed over the said plot to the Complainant but It was the Complainant himself who did not take any step for registration.
On perusal of the letter dated 20/1/2014 sent by the Complainant to the Opposite Party, it is categorically mentioned therein that there was no development done towards the project till then and there was no possibilities of the development within the time limit as agreed, so the amount deposited by him be refunded to him. Said letter has not been denied and disputed by Opposite Party. Moreover, the letter also bears the signature acknowledging receipt of the letter by the Opposite Party. So it is established that an amount of Rs.3,08,000/- has been paid by the Complainant but the project was not completed within the time limit.
So far as claim of the Opposite Party that the plot was already handed over to the Complainant, no document has been filed in order to substantiate that the plot of land was already handed over. On the contrary, during evidence in answer to a specific question put by Opposite Party, Complainant has replied specifically that he was never handed over the plot of land.
By the letter dated 25/4/2014, it indicates that there was some settlement between parties and the Opposite Party agreed to refund the deposited amount from the month of October, 2014 to February, 2015. In the said letter Opposite Party has nowhere denied the claim of the Complainant by his letter dated 20/1/2014 that he had paid an amount of Rs.3,08,000/-. Opposite Party inspite of said settlement to refund the amount, has neither returned the said sum paid by the Complainant nor has handed over the plot of land as agreed. If that be so, then as there has been deficiency in service on the part of the Opposite Party, Complainant is entitled to refund of the amount of Rs.3,08,000/- and not Rs.3,24,000/- as claimed by him, along with the interest @ 12% p.a. on the said amount from the date of amicable settlement i.e. 25/4/2014. However, as the interest is allowed, we find no justification to allow compensation as prayed even though the Complainant is entitled to litigation cost.
Thus these points are answered accordingly.
Hence,
ORDERED
CC/359/2017 is allowed on contest. Opposite Party is directed to pay Rs.3,08,000/- to the Complainant along with interest @ 12% p.a. from 25/4/2014 to till this date within 2(two) months from the date of this order. Opposite Party is further directed to pay Rs.10,000/- as litigation cost within the aforesaid period of 2(two) months, in default the entire sum shall carry interest @ 12% p.a. till realization.
