| District Consumer Disputes Redressal Commission |
| South 24 Parganas |
| Baruipur , Kolkata - 700 144. |
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| BEFORE: | |
| SHRI ASHOKE KUMAR PAL PRESIDENT | |
| JAGADISH CHANDRA BARMAN MEMBER | |
| SMT. SANGITA PAUL MEMBER |
| PRESENT: |
| Final Order / Judgement |
Sri Ashoke Kumar Pal, President The matrix of the complaint case in short is that with the intention to construct his own house the complainant booked two plots of land measuring 2 cottahs each from the OPs being Plot No.2B138 and 2B164 in the Township Project “Green City Sonarpur” more fully described in the schedule of the agreement dated 19.07.2012 and 13.03.2013 at a valuable consideration of 2,50,000/- each. The complainant paid Rs.4,90,007/- by installments on different dates starting from 14.02.2012 to 03.06.2014 for which money receipts have been issued by the OPs. Thereafter, the complainant on several occasions requested the OPs to execute and register a proper deed of conveyance in terms of the agreement dated 19.07.2012 and 13.03.2013. But except giving assurance the OPs did not do anything. In July, 2014 the OPs gave another proposal to the complainant in modification of their project as “Plot with Bungalow” and asked the complainant to make further payment to which the complainant denied and asked the OPs for refund of the money paid by him with Bank interest and compensation. On 22.06.2015 the Respondent No.1 issued a cheque drawn on Quatak Mahindra Bank amount to Rs.6,38,666/- in favour of the complainant as a refund. The complainant present the said cheque to his banker, State Bank of India on 13.07.2015 but the same was dishonored and returned back with remark “Fund insufficient”. Ultimately, the OPs did not pay back the money with interest and compensation and hence this case. The OP No.2(B) and 3(B) came forward to contest this case by filing W/V denying all the allegations made in the petition of complainant. The OP No:2(B) and 3(B) categorically denied the allegations made in the petition of complainant and other material averments of the petition of complaint in their W/V and prayed for dismissal of this case with cost. The instant case proceeded exparte as against the rest of the OPs as per Order No:07 dated 28.11.2019.
Points for consideration :-
Decision with Reasons :- Point No.1 :- On perusal of the case record along with documents, it appears that the complainant was willing to purchase the scheduled two plots of land measuring about 2 cottahs each more fully described in the schedule of the agreement dated 19.07.2012 and 13.03.2013 being plot no:2B138 and 2B164 and the OPs agreed to sell the same to the complainant for which two agreements for sale dated 19.07.2012 and 13.03.2013 was made by and between the parties. The complainant paid Rs.4,90,007/- by instalments on different dates starting from 14.02.2012 to 03.06.2014. Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019. As such, point No.1 is decided in favour of the complainant and against the OPs. Point No.2 :- The complainant booked the two scheduled plots of land and entered into two separate agreements dated 19.07.2012 and 13.03.2013 with the OPs to that effect. The complainant also made payment of Rs.4,90,007/- (Rupees four lakhs ninety thousand and seven) on different dates and the OPs acknowledged the receipt of the same by issuing money receipts. The complainant filed copy of the money receipts along with the petition of complaint from which it appears that all the payments have been properly made. On the other hand, despite the payment of major portion of the full consideration amount by the complainant as per terms of the agreements dated 19.07.2012 and 13.03.2013 the OPs failed and neglected to hand over the possession of the schedule plots of land to the complainant and to execute and register proper deeds of conveyance. The complainant finding no other alternative demanded the OPs to pay back the amount of Rs.6,38,666/- along with Bank interest and compensation. Therefore, it is clear from the averment of the complainant that the OPs are guilty of deficiency in service and unfair trade practice. As such, the 2nd point is also decided in favour of the complainant and against the OPs. Point No.3 :- The complainant booked the scheduled plots of land from the OPs and make payment of Rs.4,90,007/- (Rupees four lakhs ninety thousand and seven) on different dates. But the OPs violated the terms and conditions of the agreement dated 19.07.2012 and 13.03.2013. Neither the OPs handed over the possession of the scheduled plots of land as described in the schedule of the agreements for sale dated 19.07.2012 and 13.03.2013 nor they returned the amount of Rs.6,38,666/- (Rupees six lakhs thirty eight thousand six hundred and sixty six) with interest and compensation which they received from the complainant as per terms of agreement for sale dated 19.07.2012 and 13.03.2013. Therefore, as the complainant did not get any positive response from the OPs he has been compelled to file the present case against the OPs on the relieves sought for in the petition of complainant. As such, there is no hesitation to hold that the complainant is entitled to get the relief as prayed for. As the OPs did not hand over the physical possession of the scheduled plots of land to the complainant nor any deed of conveyance has been executed and registered in favour of the complainant, the complainant failed to get service from the OPs. On the other hand, the complainant was harassed by the OPs by various ways. Therefore, the complainant is entitled to get the relief as prayed for. Thus the 3rd point is 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 complaint case be and the same is allowed on contest against the OPs with cost of Rs.25,000/- (Rupees twenty five thousand). The OPs are jointly and severally Iiable and directed to refund the entire amount of Rs.4,90,007/- (Rupees four lakhs ninety thousand and seven) only along with 12% simple interest p.a. w.e.f. 14.02.2012 (date of payment of 1st instalment) till the date of final realization within 45 days from the date of passing this order. The OPs are jointly and severally directed to pay the compensation to the tune of Rs.2,00,000/- (Rupees two lakhs) only for harassment, mental pain and agony and deficiency in service suffered by the complainant within 45 days from the date of passing this order. The OPs are jointly and severally liable and directed to pay litigation cost of Rs.25,000/- (Rupees twenty five thousand) to the complainant within 45 days from the date of passing this order. The Complainant is at liberty to put the order into execution after the expiry of 45 days if the orders are not complied with by the OPs within 45 days from the date of passing this order. Let a copy of the order be supplied free of cost to both the parties as per rules. The Final order will be made available in www.confonet.nic.in. |
| [ SHRI ASHOKE KUMAR PAL] |
| PRESIDENT |
| [ JAGADISH CHANDRA BARMAN] |
| MEMBER |
| [ SMT. SANGITA PAUL] |
| MEMBER |
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