Shri Ashoke Kumar Pal, Hon’ble President:-
The matrix of the instant complaint case in short is that the complainant with intent to purchase a plot of land being Plot No. A-48 in the project under the name and style “Unnayan Garden” more fully described in the agreement for sale dated 16.11.2010 executed by and between the parties. The consideration amount was settled at Rs.45,50,000/- (Rupees Forty Five Lakhs Fifty Thousand) and the complainant paid the entire consideration amount on good faith that the plot of land be handed over to the complainant along with all basic infrastructure like electricity, drainage system, metal road within 48 months from the date of agreement. But ultimately till date no infrastructural development had taken place although a Deed of Conveyance being No:05065dated 2015 has been registered at ADSRO, Alipore which prompted the complainant to file the instant complaint case on the reliefs as sought for in the petition of complaint.
The OP Nos.1 & 2 contested the case by filing W/V contending inter allia that the claims of the complainant are all false.
The specific case of the OP Nos. 1 & 2 is that initially the complainant on 20.09.2010 along with his wife Pallavi Sinha jointly applied to book a plot of land being Plot No:A-48 at “Unnayan Garden” which was developed by OP No.1. The OP No.2 is the wholly old subsidiary of OP No.1. The OP No.2 was the owner of plot No.A-48 who handed over the plot of land to the OP No.1 for development and securing buyer to sell the same. Accordingly, on 20.02.0211 the OP No.1 entered into an agreement of allotment jointly with the complainant and Pallavi Sinha being the wife of the complainant and received the entire consideration amount. It was further contended that subsequently the complainant and Pallavi Sinha requested by letter dated 04.04.2015 (Annexure-A) requesting the OP No.1 to arrange for sell of the scheduled plot of land to the claimant’s father Mr. Hari Sankar Singh by executing and registering a proper Deed of Conveyance in his favour. In terms of the said request letter dated 04.04.2015, the OP No.2 executed and registered a Deed of Conveyance on 28.07.2015 in favour of Sri Hari Sankar Singh in respect of the said Plot No:A-48 in the Office of the District Sub-Registrar-III, South 24 Parganas at Alipore being No:160305065 for the year 2015 (Annexure-B). As such, after the execution and registration of the Deed of Conveyance as aforesaid (Annexure-B) Hari Sankar Singh became the absolute owner of the aforesaid Plot A-48 “Unnayan Garden”. The complainant suppressed all these facts in the petition of complaint and filed the instant complaint case on false and frivolous ground having mala fide intention and ulterior motive for some wrongful gain. The OP also denied the other material averments of the petition of complainant para-wise and prayed for dismissal of this case with cost.
Points for consideration :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Point No.1 :-
On perusal of the case record along with copies of documents available therein, it appears that the complainant was willing to purchase a plot of land as described in the agreement for allotment dated 16.11.2010 (Annexure-A). The complainant paid the entire consideration amount of Rs.45,50,000/- and the OPs acknowledged the receipt of the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the C P Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OPs.
Points No.2 & 3 :-
Both the Points No.2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant booked the scheduled Plot of land more fully described in the schedule of the agreement for allotment dated 16.11.2010 (Annexure=-A). The entire consideration amount of Rs.45,50,000/- was paid. Initially the plot of land was booked by the complainant and his wife Pallavi Sinha. Subsequently, by letter dated 04.04.2015 complainant and his wife Pallave Sinha requested the OP No.1 to arrange for sell of the scheduled plot of land to the complainant’s father Mr. Hari Sankar Singh by executing and registering a proper Deed of Conveyance. Accordingly, as per request of the complainant and his wife, the OP No.2 executed and registered a Deed of Conveyance on 28.07.2015 in favour of Sri Hari Sankar Singh in respect of the scheduled plot of land. On careful scrutiny of the evidence of the complainant it transpires that the complainant filed a copy of death certificate of Hari Sankar Singh who died on 01.06.2015 i.e. prior to the execution and registration of the Deed of Conveyance in his favour by the OP No.2. That being the position no right, title and interest in respect of the scheduled plot of land passed to Hari Sankar Singh by virtue of the Deed of Conveyance dated 28.07.2015. The Deed of Conveyance dated 28.07.2015 did not create any right, title and interest in favour of Hari Sankar Singh as he already died on 01.06.2015 i.e., prior to the execution and registration of the Deed of Conveyance as aforesaid. Therefore, the Deed of Conveyance executed and registered on 28.07.2015 by OP No.2 is nothing but a scrap of paper in the eye of law and the right, title and interest of the scheduled plot of land still remains with the OPs.
Now from the materials available on record, it appears that the OPs despite receipt of the entire consideration amount of Rs.45,50,000/- neither the delivery of possession of the scheduled plot of land has been given nor any Deed of Conveyance has been executed and registered in favour of the complainant. The evidence of the complainant could not be contradicted by the OPs. On the other hand, it came out that the complainant failed to get service from the OPs which amounts to deficiency in service and unfair trade practice on the part of the OPs. As such, the complainant is entitled to get the relief as prayed for.
Thus the Point Nos. 2 & 3 are also decided in favour of the complainant and against the OPs.
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 OP Nos. 1 & 2 with cost of Rs.20,000/- (Rupees Twenty Thousand) only.
The OPs are liable and are directed to execute and register a proper Deed of Conveyance in respect of the scheduled plot of land along with delivery of possession of the same in favour of the complainant in terms of the agreement of allotment dated 16.11.2010 within 45 days from the date of passing this order.
Alternatively, the OPs are jointly and severally liable and are directed to refund the entire consideration amount of Rs.45,50,000/- (Rupees Forty Five lakhs and fifty Thousand) along with Simple Interest @8% per annum from the respective dates of payment of instalments by the complainant till final realization of the same, within 45 days from the date of passing this order.
The OPs are jointly and severally liable and are directed to pay compensation of Rs.1,00,000/- (Rupees One Lakh) only for mention pain, agony and harassment caused to the complainant within 45 days from the date of passing this order.
The OPs are jointly and severally liable and are directed to pay litigation cost of Rs.20,000/- (Rupees Twenty Thousand) within 45 days from the date of passing this order.
Let a copy of this 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.
Ashoke Kumar Pal
President
