w w w . L a w y e r S e r v i c e s . i n

Bikash Kumar Paul v/s Sarada Construction Co. Pvt. Ltd.

    S.C. Case No. 29/O of 2003

    Decided On, 24 August 2004

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, MEMBER

    For the Appearing Advocates: - - - - -.

Judgment Text

Silpi Majumder, Member:

1. This is an original complaint arising out of a dispute regarding non-delivery of a plot No. AT-5 regarding which the agreement was executed on 21st June, 1998 in the complex mentioned as Sarada Garden situated at Bishnupur, 24-Parganas (S).

2. The complainant is a joint purchaser with his wife and as per the said agreement for sale they paid entire consideration amounting to Rs. 97,990/- for the purchase of the said plot No. AT-5 in instalments as per the terms and the conditions of the agreement for sale, the total cost of the plot being Rs. 87,000/- only @ Rs. 35,000/- per cottah including development charges such as electricity, earth-filling, road development and drainage plus Rs. 10,990/- been paid towards registration, mutation and conversion charges. The complainant made several correspondences to know the status of the said plot as the registration, mutation and conversion as per the agreement for sale was not being done in spite of total amount having been paid but he did not get any positive response from their end. In reply, the O.P. informed the complainant on 6.1.2002 that all the registration procedure and execution of deed of conveyance in favour of him might be completed within four weeks from the date of receipt of the letter. Then after several reminders the complainant came to know from a letter issued by the O.P. dated 20.3.2002 that he will get his requisite documents regarding registration of the plot within one month and the O.P. further requested him to send the name of the father and full address of the complainant to the Lawyer of the O.P. for writing of the deed. As per request of the O.P. the complainant sent all the details which were being required for the registration purpose. Thereafter also the complainant wrote several letters to the O.P. requesting for immediate registration of his plot, because he was posted on the border area and for this reason he could not pursue his registration work personally. In reply, the O.P. informed the complainant by issuing a letter that the said plot could be registered within 15.9.2002 without fail. But since then the complainant did not get any reply or any correspondences from the O.P. till date. Ultimately the complainant understood that the O.P. failed to comply with the terms and conditions of the agreement and gave false assurances from time-to-time to the complainant regarding the execution and registration of the sale deed. So the complainant filed this case before this Commission praying for direction upon the O.P. to refund the total money amounting to Rs. 97,990/- along with the amount of increase in the market price @ 25% and also for interest @ 24% p.a. till the date of payment, plus Rs. 18,50,000/- as compensation for mental agony and harassment and Rs. 20,000/- as the cost of litigation.

3. The O.P. did not bother to appear before this Commission till the date of hearing in spite of receiving the notice in due time.

4.We have perused the petition, documents, etc. filed by the complainant. It is that it is an established fact that for purchasing a plot No. AT-5 in the District of 24-Parganas (S) the complainant paid the entire money in instalments to the O.P. as per the terms and conditions of the agreement which was executed between the parties on 21.6.1998. The complainant first paid Rs. 97,000/- for purchasing the said plot No. AT-5 and further paid Rs. 10,990/- towards the registration, mutation and conversion charges. Thereafter several correspondences were made between both the parties but registration was not completed by the O.P. The complainant submits that being an employee of the Defence Department, the complainant was posted in the border area and for this reason he could not pursue his registration work personally. The complainant files several letters which were issued upon the O.P. It was mentioned in the letter dated 2.12.2001 that in spite of payment of the entire consideration he was yet to receive the registration papers with mutation documents. In reply to this letter of the complainant, the O.P. informed him by issuing a letter dated 6.1.2002 that the procedural works in relation to the registration of the plot had already been completed. It was also mentioned that they had sent it to the legal cell for execution of Deed of Conveyance in favour of the complainant and it was expected that the paper of registration and mutation might be completed fully within one month from the date of receipt of the letter. Thereafter without receiving any such paper the complainant issued another letter dated 11.2.2002, requesting the O.P. to look after the matter and take appropriate action at the earliest but of no avail. The O.P. further informed the complainant through the letter dated 20.3.2002 that they would be able to send the requisite documents regarding registration of the said plot within one month and requested him to send the name of his father and full and permanent address. We have noticed that as per the request of the O.P. the complainant sent all the necessary documents on 25.3.2002. But it is curious enough that after receiving the documents the O.P. kept totally mum and did not send the papers regarding registration and mutation till today. Being compelled the complainant filed this petition before this Commission. The O.P. is not coming to contest the petition in spite of having received the notice.

5.Having regard to the material on record and to the arguments of the complaint we are of the clear view that it will be proper if we direct the O.P. to refund the entire consideration money along with interest @ 12% p.a. from 26.3.2002, (as the complainant send the name of the father of him as well as the full permanent address as per the direction and request of the O.P. on 25.3.2002) till the date of payment. Regarding payment of compensation we are of view that in spite of several correspondences with the O.P. since inception the complainant did not receive any positive answer from the end of the O.P. as yet. Though the O.P. had accepted the entire money from the complainant for registration and mutation of the plot, did not take any necessary action to register the plot as per repeated requests of the complainant. So in our opinion such action on behalf of the O.P. is certainly an example of deficiency in service on the part of the O.P.

6.The claim, for compensation for causing mental agony being Rs. 18,50,000/- appears excessive and inflated. There is no quantification either in the pleading or in the evidence. To o

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ur mind it has no basis and is absurd. However, considering the circumstances we consider a sum of Rs. 5,000/- as justified on this score. 7. Hence it is ordered that the O.P. shall refund the entire money to the complainant along with the interest @ 12% p.a. The O.P. is further directed to pay Rs. 5,000/- as compensation and also Rs. 2,000/- as litigation cost to the complainant within two months from the receipt of the date of the order. In default, the complainant is at liberty to put the order into execution. Therefore, the complaint is allowed in part ex parte. The complaint is disposed of accordingly. A copy of this order is to be sent to the O.P. immediately. Complaint allowed.