Date of Filing : 16/02/2022

Date of Judgement : 03/01/2024

Sri Sudip Niyogi, Hon’ble President

                                                                   Brief Facts

In order to buy a plot of land measuring about 2160 sq.ft. at Scheme/Plot Sonarhat/Basundhara at Mouza Metiary within P.S. Sonarpur, the particulars of which, has been described in the schedule to the petition of complaint, complainants entered into an agreement with the OP 2, who is the sister concern of OP 1 Company.  Though one draft deed of agreement was shown to the complainants where the total consideration for the said plot was shown at Rs.3 lakh despite the consideration was verbally agreed to be Rs.1 lakh per cottah.  However, complainants paid Rs.1,99,000/-. The said plot of land was agreed to be sold in a developed condition.  But neither any deed of sale was executed nor the possession of the said plot was delivered to the complainants though they requested the OPs many a time besides issuing a letter of request to that effect. The amount paid by the complainants was also not refunded. Therefore the complainants, on being compelled, filed this complaint against the OPs seeking refund of the amount paid by them alongwith interest etc.

Now, the point for consideration is, whether the complainants are entitled to any relief(s) in this case?

                                                                 FINDINGS

Complainants are found to have filed papers relating to OP 1 Company and their Directors namely – OP 4 & 5 at the relevant time.  They also produced one draft deed of agreement though it was not signed by the parties and also produced the copies of the money receipts issued by OP 2 on which the name and emblem of OP 1 was also there.  This shows that there was a relation between OP 1 & OP 2 as claimed by the complainants. They also produced the copies of letter issued to OP 2 requesting them to execute and register the document or to refund the amount advanced by them.  But according to complainants, they did not get any reply from them.

Therefore, on going through the materials on record and following the unchallenged testimonies of the complainants, we find they are entitled to the refund of the amount paid by them alongwith interest.  They are also entitled to cost of litigation.

Accordingly, it is

                                                   ORDERED

That the instant case stands allowed exparte against the OPs.

OPs are directed to refund the amount of Rs.1,99,000/- alongwith interest @9% per annum from 7/11/2019 on which the last payment of Rs.1,99,000/- was made to the OPs. 

OPs are also to pay Rs.5,000/- to the complainants towards cost of litigation.

OPs are directed to comply with this order within 30 days from the date of this order, in default the complainants shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

PRESIDENT