Date of Filing : 13/06/2014
Order No. 27 dt. 15/01/2018
The fact of the case according to the complainant, in brief, is that Sri Basudev Guha Thakurta, husband of the complainant booked for a plot of land of 2.5 cottah under Happy valley project at Jagadishpur mouza in Baruipur, 24 Parganas (south) dated 31.07.2000 on payment of Rs 13,400/-with M/s Desire Agro Resorts Development (P) Ltd, P-525 Raja Basanta Roy Road, Kolkata-700 029 (op) for purchasing the same with it’s development against a total consideration of Rs.57,500/-. Sri B.G. Thakurta (customer no 01/10163 ) paid the whole amount of Rs.57,500/- in 36 installments and the op had issued a receipt against such payment of Rs 57,500/-in favour of the customer. It was assured that the o.p. would hand over the plot of land after its development for the purpose of its use if the consideration money had been paid in full. On 23.12.2011 sri B.G Thakurta died and his wife, complainant in this case made an application on 11.04.2012 to the op for retaining her claim in the land. Though o.p. had accepted all the installments in respect of the purchase price of the land but did not handed over the possession of the land in the name of the complainant. Numerous personal approach at the office of the o.p. had been made by the complainant but the o.p. remained nonresponsive in this respect . At last, complainant took initiative to ask the o.p. to comply. On 02.05.2014 complainant asked the o.p. by issuing legal notice through his advocate. But op remained unmoved as before. Finding no other alternative complainant lodged this complaint seeking relief by praying refund of Rs 63,500/- including registration fees of Rs6,000/- with interest of @18% per annum and compensation of Rs.5,00,000/- for harassment & mental agony and litigation cost of Rs.20,000/-.
O.p. contested this case by submitting w/v. Ld. Lawyer of the o.p. has argued that the complaint is frivolous, speculative and as such the complaint is liable to be rejected in limini. Ld lawyer of the op argued that the Happy Valley project has been abandoned due to imposition of restriction stipulated by the Government and the local authority. Again, the dispute regarding plot of land cannot be a matter of disputes under Consumer Protection Act, 1986 and it is purely a civil disputes. There is no deficiency in service on the part of the opposite parties as alleged by the complainant and not liable to pay any compensation, cost etc. to the complainant and as such the prayer for compensation is liable to be rejected with exemplary cost.
On the basis of the pleading of the parties the following points are to be decided.
- Whether there was any deficiency in service/UTP on the part of the o.p?
- Whether the complainant is entitled to get any relief as prayed for?
Decision with reason
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submissions of the respective parties it is an admitted fact that that Sri Basudev Guha Thakurta, husband of the complainant booked a plot of land of 2.5 cottah under Happy valley project at Jagadishpur mouza in Baruipur, 24 Parganas (south) dated 31.07.2000 on payment of Rs 13,400/-with the op. It is also evident that Sri B.G Thakurta (customer no 01/10163 ) paid the whole amount of Rs.57,500/- and the op had issued a receipt against such payment of Rs 57,500/-in favour of the customer. It is also evident from the receipt titled as ‘Updating Existing Customer’ that complainant’s husband (customer no 01/10163) paid Rs 57,500/- against plot no 01/1/36/0159 by paying Rs13,400/- in the maiden installment and the remaining amount of Rs44,100/- in 36 installments @ Rs1225/-. Complainant claimed that an amount of Rs.6,000/- had been paid to the o.p. for registration of deed of conveyance of the land in question but no document regarding such payment of Rs.6,000/- had been submitted by the complainant.
Sri Basudev Guha Thakurta, husband of the complainant booked the plot of land on 31.07.2000 on payment of Rs 13,400/-with the op and completed payment within three years ie, within 2003. O.p. failed to provide the land as per terms of commitment and had not taken any initiative for refund of the said sum of Rs. 57,500/- till date. Therefore, there is a gross deficiency in service on the part of the o.p. otherwise it would be termed as UTP. Therefore, complainant is entitled to get relief. Thus all the points are disposed of accordingly.
Hence, ordered.
that the case no.400/2014 is allowed on contest with cost against the o.p. O.p. is directed to pay Rs. 57,500/- (Rupees fifty seven thousand five hundred) only to the complainant with compensation of Rs.25,000/-(Rupees twenty five thousand) only and litigation cost of Rs.5,000/-(Rupees five thousand) only. O.p.is also directed to pay the aforesaid amount 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.
