| 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 instant complaint case in a nutshell is that with the intention to construct their own house, the complainants booked a plot of land measuring about 10 Cottahs from the O.Ps. being plot No. 10 C 89 in the Township Project “Green City Sonarpur”, morefully described in the Paragraph No.- 8 of the petition of complaint at a valuable consideration of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) (@Rs. 2,25,000/- per Cottah). The complainants paid Rs. 4,50,000/-(Rupees four lakh fifty thousand only) on 29.05.2013 and thereafter paid Rs. 12,00,000/- (Rupees twelve lakh only) in 12 installments from 01.07.2013 to 28.01.2014 of Rs. 1,00,000/- (Rupees one lakh only) each totalling to an amount of Rs. 16,50,000/- (Rupees sixteen lakh fifty thousand only) by cheques for which money receipts have been issued by the O.Ps. Thereafter, although the complainants paid the rest amount of Rs. 6,00,000/- (Rupees six lakh only) by several cheques but the O.Ps. did not give any money receipts for the same. After payment of the entire consideration amount, the complainants on several occasions requested the O.Ps. to handover the possession of the scheduled plot of land and to execute and register a proper deed of conveyance in favour of the complainants. But except giving assurance the O.Ps. did not do anything. As no fruitful result was achieved despite repeated requests by the complainants, they have lodged an FIR against the O.Ps. at Kasba PS which has been duly registered being No. 345 / 2017 dated 17.08.2017 under section 420, 406 and 120B of the I.P. Code. Since the project “Green City Sonarpur” has not ever been developed in any manner whatsoever by the O.Ps., the complainants have been compelled to file the instant complaint case with a prayer to get back the amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) from the O.Ps. with bank interest which the complainants paid to them, to pay compensation of Rs. 6,00,000/-(Rupees six lakh only) by the O.Ps. for mental pain and agony, harassment and inconvenience suffered by the complainants, to pay litigation cost and for any other reliefs under law and equity. The O.Ps. though appeared in this case but did not contest the case by filing W.V. and as such the instant case proceeded ex-parte as against the O.Ps. POINTS FOR CONSIDERATION:
DECISIONS WITH REASONS: Point No. 1: On perusal of the case record along with the documents, it appears that the complainants were willing to purchase the scheduled plot of land measuring about 10 Cottahs being plot No. 10 C 89 in the Township Project “Green City Sonarpur”, morefully described in the Paragraph No.- 8 of the petition of complaint and the O.Ps. agreed to sell the same to the complainants for which the allotment letter (Annexure – C) was issued to them. The complainants paid the full consideration amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) on different dates by cheques. Therefore, the complainants are consumers as defined in Section 2(7) of the Consumer Protection Act, 2019. As such, Point No. 1 is decided in favour of the complainants and against the O.Ps. Point No. 2: The complainants booked the scheduled plot of land and allotment letter was issued to them to that effect. The complainants also made payment of the total consideration amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) on different dates through cheques and the O.Ps. acknowledged the receipt of the same by issuing money receipts and allotment letter. The complainants filed copies of the money receipts and the letter of allotment along with the petition of complaint from which it appears that all the payments have been properly made. On the other hand, despite payment of full consideration amount by the complainants, the O.Ps. failed and neglected to handover the possession of the scheduled plot of land to the complainants and to execute and register a proper deed of conveyance in favour of the complainants. The complainants finding no other alternative demanded the O.Ps. to refund the amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) along with bank interest and also lodged an FIR at Kasba PS against the O.Ps. Therefore, it is crystal clear from the averment of the complainants that the O.Ps. are guilty of deficiency in service and unfair trade practice. As such, the second point is also decided in favour of the complainants and against the O.Ps. Point No. 3: The complainants booked the scheduled plot of land from the O.Ps. and made full payment of the consideration amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) by cheques on different dates. But the O.Ps. failed and neglected to hand over the possession of the scheduled plot of land to the complainants nor they refunded the amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) with interest which they received from the complainants. Therefore, as the complainants did not get any positive response from the O.Ps., they have been compelled to file the present complaint case against the O.Ps. on the reliefs sought for in the petition of complaint. As such there is no hesitation to hold that the complainants are entitled to get the reliefs as prayed for as the O.Ps. did not handover the physical possession of the scheduled plot of land to the complainants nor any deed of conveyance has been executed and registered in favour of the complainants. The complainants failed to get service from the O.Ps. On the other hand, the complainants were harassed by the O.Ps. by various ways. Therefore, the complainants are entitled to get the reliefs as prayed for. Thus, the third point is also decided in favour of the complainants and against the O.Ps. In the result, the complaint case succeeds. Fees paid is correct. Hence, it is ordered that the instant case be and the same is allowed ex-parte against the O.Ps. with cost of Rs. 25,000/-( Rupees twenty five thousand only). The O.P. Nos. 1 to 5 are jointly and severally liable and directed to handover the vacant and peaceful possession of the scheduled plot of land being plot No. 10 C 89 in the Township Project “Green City Sonarpur”, morefully described in the allotment letter as well as in Paragraph No.- 8 of the petition of complaint in favour of the complainants and to execute and register a proper deed of conveyance in respect of the scheduled plot of land as aforesaid in favour of the complainants within 45 days from the date of passing this Order. Alternatively, the O.P. Nos. 1 to 5 are jointly and severally liable and directed to refund the entire consideration amount of Rs. 22,50,000/-(Rupees twenty two lakh fifty thousand only) along with simple interest @ 12% p.a. with effect from 29.05.2013 (date of payment of first instalment) to the complainants till the date of final realization thereof within 45 days from the date of passing this Order. The O.P. Nos. 1 to 5 are jointly and severally liable and also directed to pay compensation to the tune of Rs. 5,00,000/-(Rupees five lakh only) for mental pain and agony, deficiency in service and unfair trade practice, harassment and inconvenience suffered by the complainants within 45 days from the date of passing this Order failing which it will carry interest @12% p.a. from this date till final realisation thereof. The O.P. Nos. 1 to 5 are jointly and severally liable and also directed to pay the litigation cost of Rs. 25,000/-(Rupees twenty five thousand only) within 45 days from the date of passing this Order. The complainants are at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 days from the date of passing this Order. Let a copy of the order be sent / supplied free of cost to the parties concerned. The Final Order will be available in the following website www.confonet.nic.in. Dictated and corrected by me.
President |
| [ SHRI ASHOKE KUMAR PAL] |
| PRESIDENT |
| [ JAGADISH CHANDRA BARMAN] |
| MEMBER |
| [ SMT. SANGITA PAUL] |
| MEMBER |
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