Sri Ashoke Kumar Pal, Hon’ble President :
The matrix of the instant complaint case in a nutshell is that the complainants booked two plots of residential lands measuring about 6 Kathas (3 Kathas each) being Plot Nos. : SPC 32 and SPC 33 at “Madhuban Project” more fully described in the schedule of the two agreements for allotment dated 14.11.2011 (Annexure – A and A1) at a valuable consideration of Rs. 9,00,000/- (Rupees nine lakhs) only (Rs. 4,50,000/- each) including development of the land and basic infrastructure required for residential plot. The complainants paid the entire consideration amount on different dates (Annexure – B) and the O.P. acknowledged the receipt of the same. It was agreed upon that the plots as aforesaid will be handed over within 48 months from the date of execution. But ultimately the O.P. failed to deliver the possession of the scheduled plots of land to the complainant and to register a proper deed of conveyance in their favour despite payment of the entire consideration amount. It was observed by the complainants that no infrastructural development took place in the project till date which prompted the complainants to file the instant complaint case on the relief as sought for in the petition of complaint.
The O.P. contested the case by filing W/V contending that the claims of the complainants are all false and also denied the allegation made therein. The specific case of the O.P. is that the complainants moved before the NCLT, Kolkata Branch seeking some reliefs which dismissed the case of the complainants. As such, the complainants are stopped from by filing the instant complaint case. It was further stated that the complainants failed to pay the EMIs in time for which interest was accrued @10% p.a. for delayed payment as per Para – 4 of the said agreement (Annexure – A of the W/V). The complainants are not entitled to get refund of Rs. 9 Lakh along with interest nor Rs. 3 Lakh as compensation as prayed for. The O.P. also denied the other material averments of the petition of complaint para wise and prayed for dismissal of this instant complaint case.
Points for Decision :-
- Are the complainants consumers?
- Is the O.P. guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get relief as prayed for?
Decision with Reasons :-
Point No. 1:-
On perusal of the case record along with copies of documents (Annexure – A, A1 and B), it appears that the complainants are willing to purchase two plots of land more fully described in the schedule of the two agreements for allotment both dated 14.11.2011 (Annexure – A and A1). The complainants paid the entire consideration amount of Rs. 9,00,000/- (Rupees nine lakhs) only on different dates (Annexure – B) and the O.P. acknowledged the receipt of the same. Therefore, the complainants are consumers as defined U/S 2(7) of Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainants and against the O.P.
Point No. 2:-
The complainants booked two plots of land and accordingly two separate agreements for allotment (Annexure – A and A1) have been executed on 14.11.2011. The complainants also made payment of the entire consideration amount of Rs. 9,00,000/- (Rupees nine lakhs) only on different dates by installments and the O.P. acknowledged the receipt of the same. It appears that all the payments have been properly made by 48 installments. On the other hand despite payment of the entire consideration amount, the O.P. failed and neglected to hand over the possession of the schedule plots of land to the complainants. The complainants moved before the NCLT but subsequently, withdrawn the case and accordingly, the same was dismissed by Order dated 04.04.2022 with a liberty to pursue its remedy under any other court of law. Therefore, the order passed by the NCLT has no bearing with this case. Facts remain that the O.P. did not handover the scheduled plots of land taking full consideration amount from the complainants. Therefore, it is clear from the averments of both sides that the O.P. is guilty of deficiency in service and unfair trade practice.
As such, Point No. 2 is also decided in favour of the complainants and against the O.P.
Point No. 3:-
The complainants booked two scheduled plots of land more fully described in the schedule of the two agreement for allotment (Annexure – A and A1) both dated 14.11.2011 from the O.P. and made payment of the full consideration amount of Rs. 9,00,000/- (Rupees nine lakhs) only on different dates by 48 installments. The O.P. filed a detailed statement of account showing detailed payment of installments for which penal interest accrued is Rs. 36,344/- (Rupees thirty six thousand three hundred forty four) only payable by the complainants to the O.P. Ultimately, the O.P. violated the terms and conditions of the agreement for allotment and the fact remains that neither possession of the scheduled plots of land were given to the complainants nor any deed of conveyance has been executed and registered in respect of the scheduled plots of land in favour of the complainants. Neither the O.P. returned back the amount of Rs. 9,00,000/- (Rupees nine lakhs) only with interest to the complainants which has been received by the O.P. from the complainants towards consideration amount of the scheduled plots of land for which the complainants were compelled to file the instant complaint case against the O.P. on the relief as sought for in the petition of complaint. As such, there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.P. did not hand over physical possession of the scheduled plots of land to the complainants receiving full consideration amount for the same. The complainants failed to get service from the O.P. On the other hand, the complainants were harassed by the O.P. by various ways. Therefore, the complainants are entitled to get the reliefs as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainants and against the O.P.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed on contest against the O.P. with cost of Rs. 25,000/- (Rupees twenty five thousand) only.
The O.P. is liable and is directed to refund the entire consideration amount of Rs. 9,00,000/- (Rupees nine lakhs) only to the complainants along with simple interest @10% p.a. in the form of compensation w.e.f the respective dates of the payment of the installment by the complainants till the date of final realization thereof deducting the penal interest for delayed payment amounting to Rs. 36,344/- (Rupees thirty six thousand three hundred forty four) only within 45 days from the date of passing this order.
That the O.P. is liable and is also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) only within 45 days from the date of passing this order.
That the complainants are at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.P. within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
