Order No. 16 dt. 24/04/2019
The case of the complainant in brief is that the complainant entered into an agreement whereby o.p. company agreed to transfer proportionate shares in land admeasuring an area of 905.016 Kanal at Behanta & Tila, Tehsil Kolaras, Dist.- Shivpuri, Madhaya Pradesh in lieu of a consideration amount of Rs.40,000/-. In the said agreement between the parties it was categorically stated that the complainant would be the absolute owner of the undivided share of that piece and parcel of proportionate land. At the time of execution of the indenture the original documents were retained by o.p. nos.1 and 2 and the complainant was handed over the certificate of property. The complainant paid the consideration amount of Rs.40,000/- to o.p. no.1 and a receipt was handed over to the complainant to that effect. After the maturity period the complainant deposited the original certificate of property, but o.ps. neither handed over the land in question nor refunded the money for which the complainant asked the o.ps. to pay the amount, but o.ps. did not pay any heed to the said request. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund of the amount of Rs.40,000/- as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that this Forum has no territorial jurisdiction to entertain the case and on perusal of the petition of complaint it can easily be understood that the complainant invested the money and for recovery of the invested money cannot be agitated before this Forum. It was further stated that there was no deficiency in service on the part of o.ps. and the complainant made allegation against the o.ps. on some imaginary facts. In view of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant entered into an agreement with o.ps.?
- Whether the complainant paid the amount?
- Whether the o.ps. failed to provide the land and/or refund the amount to the complainant after the maturity period?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant entered into an agreement whereby o.p. company agreed to transfer proportionate shares in land admeasuring an area of 905.016 Kanal at Behanta & Tila, Tehsil Kolaras, Dist.- Shivpuri, Madhaya Pradesh in lieu of a consideration amount of Rs.40,000/-. In the said agreement between the parties it was categorically stated that the complainant would be the absolute owner of the undivided share of that piece and parcel of proportionate land. At the time of execution of the indenture the original documents were retained by o.p. nos.1 and 2 and the complainant was handed over the certificate of property. The complainant paid the consideration amount of Rs.40,000/- to o.p. no.1 and a receipt was handed over to the complainant to that effect. After the maturity period the complainant deposited the original certificate of property, but o.ps. neither handed over the land in question nor refunded the money for which the complainant asked the o.ps. to pay the amount, but o.ps. did not pay any heed to the said request. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund of the amount of Rs.40,000/- as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that this Forum has no territorial jurisdiction to entertain the case and on perusal of the petition of complaint it can easily be understood that the complainant invested the money and for recovery of the invested money cannot be agitated before this Forum. It was further stated that there was no deficiency in service on the part of o.ps. and the complainant made allegation against the o.ps. on some imaginary facts. In view of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant for the purpose of purchasing a portion of land entered into an agreement with o.ps. and o.ps. issued a certificate of property to the complainant. In the said certificate it was categorically stated that the complainant paid the amount of Rs.40,000/- and the maturity period of the said amount would be on 10.7.16. After the maturity period the complainant asked for refund of the amount, but o.ps. did not pay any heed, for which the complainant filed this case. The complainant in order to substantiate his allegation filed the documents wherefrom it appears that o.ps. received the amount and after the maturity period the said amount was not refunded to the complainant. The complainant in order to ensure the attendance of o.ps. issued notice through paper publication. It appears from the materials on record that o.ps.in spite of having their specific address in the certificate did not appear and after the issuance of the notice in the newspaper o.ps. appeared and filed w/v. It appears from the materials on record that the complainant paid the money and after maturity period the said amount was not refunded. On the basis of the said fact since the evidence of the complainant is convincing, therefore, we have no other alternative but to accept the contention of the complainant. Accordingly, we hold that there is deficiency in service on the part of o.ps. and the complainant will be entitled to get the relief. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.52/2018 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.40,000/- (Rupees forty thousand) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
