Dt. of filing - 05/09/2017

Dt. of Judgement – 07/12/2018

Mrs. Sashi Kala Basu, President

        This complaint is filed under Section 12 of the Consumer Protection Act, 1986 by Ayindrilla Basu Saha against Opposite Parties namely Walden Estates Limited and Dipankar Naskar alleging deficiency  in service on their part.

          Brief facts of Complainant’s case is that OP undertook the work of development of land into township project namely village city township on the land lying and situated at Mouza  Nahazari , J.L. No.14, R.S.No.91, Touzi No.352, L.R.Khatian No.6409, 6410, 5802 comprised in R.S. & L.R.Dag No.1446. Complainant booked a plot being plot no.D-45 measuring about 2.5 cottahs of land in the said township project for a total consideration price of Rs.3,00,000/- i.e. Rs.1,20,000/- per cottah and an agreement for sale was executed and entered upon between the Complainant and the OP being represented by Opposite Party No.2 on 20/02/2015 but the same was actually signed on 02/03/2015 on behalf of the Complainant and 14/03/2015 on behalf of OP No.1. It was agreed by the OPs in the said agreement for sale that the schedule property will be developed within 18 months from the date of the agreement for sale and in case of failure OP agreed to pay the entire amount along with interest @ 10% p.a. Complainant paid a sum of Rs.75,000/- by cheque and again paid a sum of Rs.1,78,125/- by 19 monthly installments. So a total amount of Rs.2,53,125/- has been paid out of the total consideration price of Rs.3,00,000/-. But it was found, that nothing was done by the OP towards the development of the land of the said project and they left and abandoned the project. So the Complainant asked for refund of money paid by him with interest but the same was not refunded. Opposite Parties even though had issued three cheques  towards the refund of the money being Cheque no.3038 dated 16/12/2016, Cheque No.3039 dated 26/1/2017 and Cheque No.3040 dated 26/2/2017 but on presentation of the first cheque, same was dishonoured. So Complainant did not present other two cheques. Since the OP neither developed the land nor have refunded the money, the present complaint has been filed by the Complainant praying for directing the OPs to refund the money of Rs.2,53,153/- to the Complainant along with interest @18% p.a., to pay compensation being the amount equivalent to the present market value of the schedule plot of land and to pay a sum of Rs. 5,00,000/- as compensation and Rs.50,000/- as cost of litigation.

          The case has been contested by OPs by filing written version denying material allegation made in the complaint petition, contending inter alia that due to some unforeseen legal complication in the said project, it got delayed. The Complainant was offered to switch over to land in another project without any further escalation of price. The OPs have never been reluctant to refund the amount and thus they have prayed for dismissal of complaint.

          Complainant has annexed copy of agreement for sale, copy of cheques issued by the OP towards the refund, copy of letter sent by the Complainant to the OP dated 5/11/2016 and statement of account regarding payment of amount by the Complainant to the OP.

          In course of the evidence, Complainant filed affidavit-in-chief followed by the cross examination by the OP by way of questionnaire filed by it and reply by the Complainant. No evidence has been adduced by the OP.

          Brief notes of argument has been filed by the Complainant.

          So the only point requires determination is whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

          Complainant has filed copy of agreement for sale dated 20/12/2015 wherefrom it appears that the agreement was entered into between Complainant and the OP towards the purchase of a plot being no.D-45, land measuring total 2.5 cottahs in the township project namely Village City Township on a total consideration price of Rs.3,00,000/-. The said township was agreed to be developed by the OP within 18 months from the date of agreement and it was agreed that if the vendor fails to do so, purchaser may cancel the agreement and the vendor will repay the entire paid amount along with interest @ 10% from the date of the agreement to till the date of refund of the amount. It is evident from the statement of account filed by the Complainant that total amount of Rs.2,53,125/- has been paid by the Complainant.

          OP in their written version have not denied either about the execution of the agreement and the terms referred to above as well as the payment of amount of Rs.2,53,125 by the Complainant. Only defence of the OP is that due to legal complication, project was delayed. So it is apparent from the own case of the OP that the plot which was to be developed and was to be handed over to the Complainant within the stipulated period of 18 months as per terms and agreement, was not complied by the OP. It is also apparent that they have not refunded the amount paid by the Complainant. In such a situation the case of the Complainant that he is entitled to refund of amount paid by him is liable to be allowed. However, so far as the interest as claimed by the Complainant @ 18% cannot be allowed. The agreement reflects that the rate of interest as agreed was @ 10%. So Complainant is entitled to refund of the money along with the interest @ 10% p.a. and as the interest is allowed we do not incline to pass any order as to compensation.

Hence,

                                                                                               ORDERED

CC/517/2017 is allowed on contest. The OPs are hereby directed to refund the money of Rs.2,53,153/- to the Complainant along with interest @ 10% p.a. from the date of agreement to till this date, within 3 months from the date of this order failing which the amount shall carry further interest @ 10% p.a. till the realization. OPs are further directed to pay an amount of Rs.10,000/- towards the cost of litigation to the Complainant within the aforesaid period of 3 months.