Dt. of filing- 08/06/2018

Dt. of Judgement- 26/12/2019

Mrs. Sashi Kala Basu, Hon’ble President.

          This complaint  is filed by the complainant namely Sri Nayan Ghosh under Section 12 of the  Consumer Protection Act, 1986  alleging  deficiency in service  on the part of the  Opposite Parties  ( referred as OP hereinafter ) namely (1)M/s. Vridhi Land Mart Pvt. Ltd. (2) M/s. Vridhi Land Mart Pvt. Ltd. Vridhi House  represented by – 2. a) Smt. Sangeeta Ghosh, Managing Director ,2.b) Smt. Monalisa Banerjee, Director, 2.c)Sri justin john, Chief Advisor and Director, 2.d) Sri Bijan Chanda,  Director, 2.e) Sri Snanda Chatterjee, Director, 2.f) Sri Jackson Stephen Mukhuiya, Director, 2.g) Sri kunal kumar Ghosh, Director, 2.h)Sri Chandan Roy,Director, 2.i) Smt. Rina Mondal, Customer Care Executive , 2.j) Sri Amit Sardar, Customer Care Executive, 2.k)Sri Atanu Chakdraborty, Marketing Manager, 2.l)Sri Vriddhite Samir Nandan, Sr. Marketing Executive.

          Case of the complainant  in short is that  OP No.1 is a Pvt. Ltd.  Company to develop the land  in the name  and style  of “Fresco Palm City ”. OP No. 2(a) to 2(k) are the managing directors, directors and customer care executive of OP company. On seeing the advertisement in the website, complainant  went to the Office  of the OPs and  booked the land measuring  about  5 cottah  3600 sq.ft.  as described in the schedule  of the complaint and paid  Rs. 10,000/- on 07.02.2016 towards booking. OPs  thereafter paid 1,45,000/- on 07.08.2016 and further Rs.60,000/- in October, 2016 out of the total  consideration  of Rs. 5,75,000/-. It was found that the  development of the land was a bit in progress, complainant on 10.03.2018  requested  the OPs  to register the  land in favour of the complainant after receiving the  balance amount  as per agreement for sale. But no heed was paid. Again  on 18.03.2018 when the complainant visited  the office  of the OP and requested  for  registration  of the plot   of land  as per agreement, OP expressed  that they  have  already cancelled the agreement  dated 07.08.2016. But no intimation was  sent to the complainant. Complainant  has already paid a total  sum of Rs. 2,05,000/- but the OPs  have failed  to execute the deed. Thus  present complaint  has been filed praying for directing the  OPs  to register the  Sale Deed in respect of the plots E-9 and E-10 as per  agreement for sale  dated 07.08.2016, to pay damages of Rs. 2,00,000/- and Rs. 5,00,000/- as compensation for mental agony  and sufferings.

          Complainant  has annexed  with the complaint  petition, certain money receipts and  agreement for sale dated 07.08.2016  entered into between the parties.

          The case has been contested  by the OPs  by filing the W.V.  denying and disputing  the allegations made in the complaint petition. It is contended that the  complainant himself  was defaulter  as per agreement as he  failed to pay the EMI for  three consecutive  months. He defaulted  for  two years. OP several times tried to contact with the complainant over phone and mails but he was sleeping and now only to harass the OP, present  complaint has been filed.

          So, the following points require  determination :

1.  Whether there has been any deficiency in service on the part of the OPs ?
2. Whether   complainant is entitled to the relief  as prayed for ?

Decision with reasons

          Both the points are taken-up together for a comprehensive discussion. In support of  his claim, complainant has filed  the copy of the agreement and the money  receipts.  On a careful perusal of the W.V.  filed by the  OPs, it appears  that  execution of the agreement  and that a total amount of Rs. 2,05,000/- has been paid by the complainant  out of the total consideration  price of 5,75,000/-, has not been disputed and denied  by the OPs. The main contention of the OPs is  that the  complainant  defaulted  in making the payment. It is contended  that as  per  the terms  of agreement if the applicant  fails to pay   EMI    after the execution  of the sale agreement as part payment for three consecutive  months the company  shall have the sole  discretion  to cancel the said plot and cancellation  charge  of 30%  of the  paid money  deposited by  the applicant  will be  deducted. So, according to the OPs in terms of the said agreement and as the complainant failed to make payment for about two years, OPs tried to contact but the complainant was than sleeping. However in this regard, it may be pertinent to point out that in support of their claim, OPs have not filed  any document to show that  they tried  to contact the complainant or sent any mail  intimating about non-payment. Neither any document has been filed by the OPs that the development of the project was completed by them and that was intimated to the complainant and on getting no response, they have cancelled the said allotment of the plot. It was duty of the OPs to update their customers about the progress of work in the project. Barring  the mere recital in the written version  before this Forum, there is absolutely no document filed to show that the OPs  either  contacted  the complainant  or cancelled the same  after intimating this  fact to the complainant. So, in the absence  of any document  by the OP, as admittedly  complainant has paid a total sum of Rs. 2,05,000/-, he is entitled to the plot of land   as per agreement on payment of balance consideration  price. However, as the complainant has not paid the major part of amount towards consideration price, we find  no justification to  pass any order as to  compensation  as prayed.

Hence,

                         Ordered

          CC/338/2018 is allowed  on contest.  OPs are directed to execute and register the sale deed in respect of the plots   in favour of  the complainant  as per agreement for sale dated 07.08.2016 within three months from this date on payment of balance consideration price of Rs. 3,70,000/- by the complainant.