Order No.  35  dt.  29/11/2016

The  fact of the case in brief is that on 05.01.2004 complainant paid Rs.48,000/- as booking amount for purchasing the plots and on 10.08.2004 complainant entered into an agreement with OP regarding two plots being no.178 and 179 booked by her in the month of January,2004. After paying the  booking amount of Rs.48,000/-  complainant paid all the installments @ Rs.5,300/- till March, 2007 which was equivalent to Rs.2,38,800/-  but there was no  reply  from the OP regarding  registration of the aforesaid plots. Complainant approached  the OP both personally and by issuing request letters repeatedly but there was no reply from their end. Finding no other alternative complainant sent Advocate’s notice on 01.07.2011 but OP did not give any reply. Hence the application praying for refund of Rs.2,38,800 or immediate registration of the plot in the name of the complainant along with  compensation and cost.

            OP appeared  before this Forum and filed their w/v. In their w/v  OP denied all material allegations inter alia stated that the payment of Rs.48,000/- towards  booking amount and payment of installments @ Rs.5,300/- till March, 2007 which was equivalent to Rs.2,38.800/-  are subject to prove by cogent documents. There was no cause of action on 05.01.2004.  Complainant herself violated the terms and conditions of the said agreement signed by the purchaser and the case is not maintainable. Hence OP prayed for dismissal of the complaint case.

Decision with reasons

            We have gone through the pleadings of the parties and evidence along with document in  particular. It is admitted fact that the complainant entered into an agreement with the OP for purchasing a plot at Dakshinayan Project. Accordingly complainant paid Rs.48,000/- on 05.01.2004 as booking amount. OP issued acknowledgement slip to that effect. Thereafter  complainant paid EMI @ Rs.5,300/- for next 36 months amounting to Rs.2,38,800/-  including the booking amount. Thereafter complainant contacted with OP for possession  and registration of the plots in question but in vain. Having no other alternative complainant had to send Advocate’s notice on 01.07.2011 but OP did not bother to reply. It was mentioned  in the Clause 10 of the agreement ‘upon completion of the development work as specified herein or as may be required to be done, executed or as may be required to be done, executed and performed by the said DARD within three/five years from the date of execution of these presents or within such reasonable time as DARD thinks fit and proper but subject to due intimation to the purchaser herein and subject to terms and conditions specified herein the said DARD will hand over vacant peaceful possession of the said plot unto and in favour of the purchaser subject of future observance  and compliance with the terms and conditions contained hereinafter as also the terms and conditions contained in the agreement for sale by and between the said DARD and the purchaser referred to herein before as also such further or other conditions as may be imposed upon’.   But OP did not comply with the aforesaid agreement clause. OP neither gave any intimation to the purchaser  or  gave  any reply for filing the terms and conditions of the agreement . As per clause of the Agreement signed by the parties complainant waited three years after the last payment. Thereafter complainant sent the Advocate’s notice. Complainant went to pillar from post for refund  of  deposited amount  by her from OP. But  OP  did not give  any reply. We find unfair trade practices and deficiency in service on the part of the OP. Therefore we are in view that complainant as substantiate her case and as such she is entitled to get the relief.

            Hence, ordered

            that the case no.402/2011 is allowed on contest with cost against the OP.

            OP is directed to refund of Rs.2,38,800 to the complainant.  OP is also directed to pay compensation of Rs.30,000/- for  prolong mental agony and harassment along with cost of Rs.5,000/- within 30 days from the date of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

          Supply certified copy of this order to the parties free of cost.