Date of Filing : 01/02/2021

Date of Judgement : 28/12/2023

Mr Sudip Niyogi, Hon’ble President

                                                               BRIEF FACTS

One agreement for sale dated 05/02/2017 was entered into by complainant with the OP in order to buy one plot of Sali land measuring about 3 cottachs in plot No.C92 at the project Fresco Palm City situated at Mouza Rasapunja within P.S.Bishnupur South 24 Pgs which was described in the schedule to the petition of complaint at a consideration of Rs.4,20,000/-. According to the said agreement, OP was to develop the said plot of land within 30 months which may extend to six months from the date of the said agreement for sale.  The complainant also paid the entire amount of consideration to the OP and ultimately on 19/07/2019 one deed of sale was registered on behalf of the said plot in favour of the complainant after a long delay. But the said plot of land was not delivered to the complainant though one provisional allotment cum possession letter was issued to her on 20/02/2020 by the OP.  One letter was issued through her advocate to the OP through e-mail asking for final date for delivery of possession to the complainant but that was not done.  So subsequently this complaint was filed praying for a direction upon OP to handover the possession of the schedule plot of land, for payment of consideration and cost of litigation etc.

OP did not file any written version. In the written version OP claimed the complaint is not being maintainable before this commission. OP filed questionnaire to which replies were issued. Complainant filed evidence. She also filed replies against questionnaire of the OP.

Point for consideration is whether the complainants entitled to any relief(s) as prayed for in this case.

                                                                FINDINGS

We have considered the materials on record including copies of documents produced by the complainant.

During argument Ld. Advocate appearing for OP made only submission that this complaint is not at all maintainable because the agreement which was made between the parties was in respect of sale of a plot of land simpliciter and that is why this complaint cannot come within the purview of the Section 35 of the C.P.Act 2019.

However, Ld Advocate for the complainant tried to refute the said contention of the OP and drew our attention to the contents of the said agreement for sale.

As we find admittedly there was an agreement for sale of the scheduled plot of land between the parties on 05/02/2017. The consideration of the plot of land was Rs.4,20,000/-. It is also admitted that one deed of sale was executed on 09/07/2019 in favour of the complainant. In the deed of sale itself it was mentioned that the entire consideration amount of Rs.4,20,000/- was paid to the OP. 

The agreement for sale further reveals in Para 14 & 16 that the OP undertook to deliver the said plot of land within 30 months approximately subject to further extension of six months from the date of agreement after making the plot of land developed.  The OP also undertook responsibility to provide the basic amenities i.e. supply of electricity from WBSEB, flow of water, sewerage and drainage system along with development of metal road and other development etc., in the said project area within the said stipulated date. So the argument on behalf of the OP that there was agreement for sale of plot of land simplicitor is not at all correct. Hiring of service is also there in the agreement, only showing the name of the OP as owner/vendor in the agreement, as pointed out on behalf of the OP does not take away the character of the OP as developer of the said project.

It is also found in the agreement for sale that the OP is also liable to pay compensation @600/- per month subject to timely payment of all monthly installment in accordance with the agreement.

Thus on going through the materials on records it is found that complainant is entitled to relief(s) as prayed for. She is also entitled to compensation of Rs.25,000/- and Rs.6,000/- for cost of litigation. 

Accordingly it is

                                             ORDERED

that the CC No.71 of 2021 is allowed on contest against the OPs. 

OP is directed to deliver physical possession/handover of the scheduled plot of land in developed condition in accordance with the agreement made between the parties .

OP is also directed to pay Rs.25,000/- towards compensation and Rs.6,000/- towards cost of litigation to the complainant.

The OP is directed to comply with the aforesaid order from the 30 days from the date of this order failing which the complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

PRESIDENT