| 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 |
Order No:38 Today is fixed for delivery of judgment/final order. Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
Sri Ashoke Kumar Pal, President Stripped off unnecessary details the complainant’s case in sort is that with the intention to construct his own house, the complainant booked a plot of land measuring 4 cottahs from the OPs being plot No.4D300 in the Township Project Green City Sonarpur, more fully described in the schedule of the agreement dated 02.05.2013 at a valuable consideration of Rs.6,00,000/-. The complainant paid the entire consideration amount of Rs.6,00,000/- in installments from the 03.11.2012 to 02.05.2014 on different dates 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 02.05.2013. 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 along with compensation. The OPs did not pay back the money with interest and compensation and hence this case. The Opposite Party No.2(b) and 3 (b) contested the case by filing W/V denying all the allegations made in the petition of complainant. They also denied about the existance of the agreements made by and between the parties. The existence of the company is also denied by the OPs,. The OPs also denied the other materials averment of the petition of complainant parawise and prayed for dismissal of the case with cost.
The instance case proceeded exparte as against the rest of the OPs as per Order No.7 Dated 03.01.2020. Points for consideration
Decision with Reasons 01.On perusal of the case record along with the documents, it appears that the complainant was willing to purchase the schedule plot of land measuring about 4 cottahs more fully described in the schedule of the agreement dated 22.05.2013 and he OPs agreed to sell the same to the complainant for which the agreement for sale dated 02.05.2013 was made by and between the parties. The complainant paid Rs.6,00,000/- (Rupees six lakhs) on different dates towards total consideration amount. 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 Opposite Parties. 02.The complainant booked the scheduled plot of land and entered into an agreement dated 02.05.2013 with the OPs to that effect. The complainant also made payment of the total consideration amount of Rs.6,00,000/- (Rupees six lakhs) on different dates and the Opposite Parties acknowledged the receipt of the same by issuing money receipts. The complainant filed copies of the money receipts along with petition of complaint from which it appears that all the payments have been properly made. On the other hand, despite the payment of full consideration amount by the complainant as per terms of the agreement dated 02.05.2013 the Opposite Parties failed and neglected to hand over the possession of the schedule plot of land to the complainant and to execute and register a proper Deed of Conveyance. The complainant finding no other alternative demanded the OPs to pay back the amount of Rs.6,00,000/- (Rupees six lakhs) along with bank interest and compensation. Therefore, it is clear that from the averment of the complainant that the OPs are guilty of deficiency in service and unfair trade practice. As such, the second point is also decided in favour of the complainant and against the OPs. 03.The complainant booked the scheduled plot of land from the OPs and made full payment of Rs.6,00,000/- (Rupees six lakhs) on different dates. But the OPs violated the terms and conditions of the agreement dated 02.05.2013. Neither the OPs handed over the schedule plot of land as described in the schedule of agreement for sale dated 02.05.2013 nor they returned the amount of Rs.6,00,000/- (Rupees six lakhs) with interest which they received from the complainant as per agreement for sale dated 02.05.2013. 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 relief sought for in the petition of complaint. 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 plot 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 third 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 OP No.2(b) and 3(b) and exparte against the rest with cost of Rs.25,000/- (Rupees twenty five thousand). The O.Ps. are jointly and severally directed to hand over the vacant and peaceful possession of the scheduled plot of land as described in the schedule of the agreement for sale dated 02.05.2013 in favour of the complainant and to execute and register a proper Deed of Conveyance in respect of the scheduled plot of land as aforesaid within 60 days from the date of passing this order. Alternatively, the OPs are jointly and severally directed to refund the entire amount of Rs.6,00,000/- (Rupees six lakhs) only along with 12% simple interest p.a. with effect from 03.11.2012 (date of payment of first instalment) till the date of final realization within 60 days from the date of passing this order. The OPs are jointly and severally directed to pay compensation to the tune of Rs.2,00,000/- (Rupees two lakhs) only for mental pain and agony suffered by the complainant within 60 days from the date of passing this order. The OPs are jointly and severally directed to pay litigation cost of Rs.25,000/- (Rupees twenty five thousand). The complainant is at liberty to put the order into execution after the expiry of 60 days if the orders are not complied with by the OPs within 60days 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 .
Dictated and corrected by me Ashoke Kumar Pal President |
| [ SHRI ASHOKE KUMAR PAL] |
| PRESIDENT |
| [ JAGADISH CHANDRA BARMAN] |
| MEMBER |
| [ SMT. SANGITA PAUL] |
| MEMBER |
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