Dt. of filing – 05/09/2019
Dt. of Judgement – 15/01/2020
Mrs. Sashi Kala Basu, Hon’ble President
This consumer complaint is filed by the Complainants namely 1) Smt. Manikarnika Saharay and 2) Sri Goutam Saha Roy under Section 12 of the Consumer Protection Act, 1986 against the Opposite Party namely HAHNEMANN HOUSING & DEVELOPMENT PRIVATE LIMITED, P.S. Jadavpur, Kolkata – 700 068 alleging deficiency in service on their part.
Case of the Complainant in short is that Opposite Party entered into an agreement for sale with the Complainants on 27/11/2013 whereby Complainants agreed to purchase a plot of land at a consideration price of Rs.4,80,000/-.The Opposite Party agreed to develop the plot described in the schedule of agreement and deliver the possession within three years from the date of execution of the agreement and execute the Deed of Conveyance. Complainants had made payment of the entire amount of Rs.4,80,000/-.
But neither the possession has been handed over to the Complainants nor the deed has been executed. Complainants also approached the Consumer Grievance Cell and ultimately filed this case praying for directing the Opposite Party to execute the Deed of Conveyance as per agreement entered between the parties and to deliver the possession of the plot, in alternatively to direct the Opposite Party to refund the sum of Rs.4,80,000/- along with interest on the said sum, to pay compensation of Rs.1,00,000/- towards unfair trade practice, to pay Rs.1,00,000/- as compensation for mental agony, pain and harassment and to pay Rs.10,000/- as litigation cost.
Complainants have annexed with the complaint, copy of the agreement for sale dated 27/11/2013, a copy of the Money Receipt and also Pass Book showing payment to the Opposite Party by the Complainants.
On perusal of record it appears that notice was sent to the Opposite Party. But inspite of the service, as no step was taken by the Opposite Party, the case came up for ex-parte hearing vide order dated 19/11/2019.
During the course of trial Complainants by filing a petition prayed for treating the complaint as evidence and thus ultimately argument has been advanced by the Ld. Advocate appearing for the Complainants. Complainants have also filed Brief Notes of Argument.
So, the following points require determination:-
- Whether there has been deficiency in service or unfair trade practice on the part of the Opposite Party?
- Whether the Complainants are entitled to the relief as prayed for?
Decision with reasons
Both the points are taken up together for a comprehensive discussion.
Complainants have claimed that by an agreement for sale dated 27/11/2013 entered into by and between the parties, they agreed to purchase a plot of land to be developed by Opposite Party, at a consideration of Rs.4,80,000/-. In support of their claim, Complainants have filed copy of the agreement, money receipt and the pass book. It appears from the agreement entered into between the parties that the Complainants agreed to purchase the plot no.105 measuring 3 Cottah of land and the Opposite Party agreed to develop the said land and complete the work within three years from the date of execution of the agreement. It appears from the receipts filed by the Complainant that the entire consideration price of Rs.4,80,000/- has been paid by the Complainants to the Opposite Party. But it is claimed by the Complainants that neither possession of the said plot has been handed over to the Complainants nor the Opposite Party has refunded the money paid by them. In such a situation Complainants are entitled to the relief of directing the Opposite Party to handover the possession and to execute the Deed of Conveyance in favour of the Complainants or in alternatively to refund the money paid by them, especially when before this Forum there is absolutely no contrary material to counter or rebut the claim of the Complainants. Complainants are also entitled to compensation as if the Deed of Conveyance is executed and registered, they will have to bear the registration fee as per today’s market value and in alternatively if the money is refunded to them by the Opposite Party, they would be losing the interest on the said amount from the date of its payment. So, an amount of Rs.60,000/- would be justified as compensation.
Hence,
ORDERED
CC/476/2019 is allowed ex-parte.
Opposite Party is directed to hand over the possession of the plot and to execute and register the Deed of Conveyance in respect of the said plot in favour of the Complainants as per agreement dated 27/11/2013, within 2(Two) months from the date of this order or in alternatively Opposite Party is directed to refund the sum of Rs.4,80,000/- to the Complainants within the aforesaid period of 2(Two) months.
Opposite Party is further directed to pay a sum of Rs.60,000/- as compensation and Rs.10,000/- as litigation cost within the aforesaid period of 2(Two) months, in default the entire sum shall carry interest @9% p.a. till realisation.
