Date of Filing: 26.02.2020

Date of Judgment: 30.05.2022  

Mrs.  Sashi Kala Basu, Hon’ble  President

This complaint is filed by the complainant , Sri Suresh Ghosh, under section 12 of the C.P Act, 1986 against the Opposite Party ( referred to as O.P hereinafter) namely Walden Estates Limited,  being represented by its Director namely Dipankar Naskar, alleging deficiency in service  on the part of the O.P.

The case of the complainant in short is that the O.P has been running business of developing land and construction and it undertook to work of development of land into a township project namely “Village City township”. The complainant booked a plot being no.B-20 measuring about 2.5 cattahs of land in the said township project at  a consideration price of Rs.3,62,500/- and accordingly an agreement was entered into between the parties on 12.11.2014. As per agreement the O.P was to deliver the land within 18 months from the dte of agreement for sale. So, the development was to be completed within the month of May, 2016. But the O.P failed to complete the work of development . the complainant has paid a sum of Rs. 2,95,000/- out of total consideration price of Rs. 3,62,500/-. The considerable period of time has passed but nothing has been done towards the development of the project and thus complainant sent a letter on 4.8.2017 to the O.P claiming refund of the money paid by the complainant with interest @18% p.a as per terms and conditions in the agreement for sale. But no payment was made by the O.P. So, the complaint has been filed for directing the O.P to refund the money of Rs. 2,95,000/- with interest @18% p.a , to pay compensation of Rs. 1,50,000/- and litigation cost of Rs. 30,000/-.

On perusal of the record it appears that inspite of service of notice no step was taken by the O.Ps. So, the case has been heard exparte.

During the course of the trial complainant filed a petition praying to treat the complaint along with annexure therein as evidence and ultimately argument has been heard.

So, the only point requires determination is whether the complainant is entitled to the relief as prayed for.

Decision with reasons

In support of his claim that he agreed to purchase a plot of land being no. B-20 at a consideration of Rs. 3,62,500/- and has paid Rs. 2,95,000/- out of the said total consideration price, complainant has filed the agreement for sale and also money receipts issued by the O.P.

On perusal of the agreement it appears that the O.P undertook to develop the acquired land as described in the schedule of the said agreement into a township namely ‘Village City township’ with facilities of roads, parks, lakes and various other amenities and it was agreed that within  18 months the project will be developed and completed. According to the complainant the project has not been completed , neither the plot has been handed over. The receipt filed by the complainant shows that an amount of Rs. 2,95,000/- has been paid by the complainant. As per the terms stated in paragraph 3 of the agreement that if O.P fails to develop the project within 18 months , the purchaser/complainant may leave and cancel the agreement and the vendor agreed to repay the entire paid amount along with interest @18% p.a from the date of the said agreement to till the date of refund. Since, before this Commission there is absolutely no contrary material to counter and rebut the claim of the complainant that neither the project has been developed and completed nor the money paid has been refunded, on consideration of the agreement entered into between the parties filed by the complainant and money receipts, complainant is entitled to refund of the said sum paid by him amounting to Rs. 2,95,000/- along with interest @18% p.a from the date of the said payment to till this date. However, since interest is allowed, we do not find any reason to allow compensation as prayed by the complainant.

Hence,

                ORDERED

That the CC no. 89 of 2020 is allowed exparte.

O.P is directed to refund Rs. 2,95,000/- paid by the complainant along with interest @18% p.a on the said sum from the date of its payment to till this date , within 2 months from this date failing which the said sum shall carry further interest at the same rate of 18% p.a. till its realization.

O.P is further directed to pay to the complainant Rs.10,000/-  towards litigation cost within the aforesaid period of 2 months.