Order No. 31 dt. 14/02/2017
The case of the complainant in brief is that the complainant entered into an agreement with o.p. for purchasing plot nos.502, 503, 514 and 515 measuring more or less 5760 sq.ft. of area. At the time of booking the complainant paid an amount of Rs.1,20,000/- towards booking amount and subsequently the complainant also paid several installments. In such manner the complainant paid the entire consideration money of Rs.5,16,000/-. The complainant requested the o.p. to register the said plots in his favour but o.p. did not show any eagerness to execute and register the deed of sale in respect of the said plots in favour of the complainant. Subsequently the complainant sent a lawyer’s notice but no action was taken for which the complainant had to file this case praying for direction upon the o.p. to register and hand over peaceful vacant possession of plot nos.502, 503, 514 and 515 under the Diamond Gate Project and compensation of Rs.50,000/- and litigation cost of Rs.8000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant is not being a consumer and as per the provision u/s 12 of the C.P. Act the complainant cannot file any case against the o.p. So far as the payment made by the complainant is concerned it was stated by o.p. that those are matters on record. It was stated that in order to register the document o.p. requested the complainant to provide his photograph, finger prints for proceeding the registration process in his favour but till that date o.p. could not take any steps for registration of the deed in favour of the complainant. Practically since May 2010 till presentation of the complaint case the complainant kept no contact / connection with o.p. The o.p. tried to contact the complainant but due to non cooperation made by the complainant, the o.p. could not contact the complainant. It was further stated that o.p. did not commit any unfair trade practice for which the complainant will be entitled to get any compensation. In view of the facts and circumstances as stated above o.p. 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.p.
- Whether the complainant paid an amount of Rs.5,16,000/-.
- Whether the complainant repeatedly requested the o.p. to execute and register the deed of sale in respect of those plots.
- Whether there was any deficiency in service on the part of o.p.
- 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 filed this case but subsequently he died and his legal heirs have been brought on record. Out of legal heirs of the deceased complainant Manas Kumar Debroy two of the substituted complainants are minors and they are being represented by their mother Mousumi Debroy being the wife of Late Manas Kumar Debroy. It was argued by ld. lawyer for the complainant that in order to purchase four plots of land the original complainant Manas Debroy paid an amount of Rs.5,16,000/-, in order to prove the said fact that the complainant filed the documents including the agreement for sale as well as photocopy of receipts to show that the amount was paid to o.p. Since the plots were not registered in favour of the complainant who had to file this case praying for registration of the plots in favour of the complainant as well as for compensation and other reliefs.
Ld. lawyer for o.p. argued that so far as the agreement is concerned the same is to be proved by the complainant himself and regarding the payment those are matters on record. The complainant after the year 2010 did not keep any contact with o.p. for which the deed could not be executed and registered. The o.p. also denied that o.p. received any letter from the complainant. In view of the said fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the original complainant entered into an agreement with o.p. and in order to show that the complainant entered into an agreement with o.p. a copy of the said agreement has been filed wherefrom it is evidence that the complainant wanted to purchase the plots of land from o.p. and for that reason he paid an amount of Rs.5,16,000/- and the said payment was made by the complainant by installments as per the terms and conditions of the said agreement. The o.p. did not deny the fact that he did not receive the amount. Only evaded the said pleading of the complainant by saying that those are matters on record. From the said materials on record it is an admitted fact that no evasive denial is no denial, therefore it is an established fact that the amount was paid by the complainant and o.p. received the same. Since the complainant has expired during the pendency of the case his legal heirs were brought on record and out of those legal heirs two are minor daughters of the complainant and they are being represented by their mother substituted o.p. no.1(a). Such being the position and since ld. lawyer for the complainant only prayed for return of the money and therefore we hold that o.p. failed to execute the deed of sale in favour of the complainant in spite of expiry of several years and it is crystal clear that there was deficiency in service on the part of o.p. and substituted complainant will be entitled to get relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.400/2011 is allowed on contest with cost against the o.p. The o.p. is directed to refund a sum of Rs.5,16,000/- (Rupees five lakhs sixteen thousand) only to the complainant along with compensation of Rs.1,50,000/- (Rupees one lakh fifty 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 @ 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.
