Brief notes of argument in consumer case against M/s. Greenhaven Realty Private Limited

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

SOUTH 24 PARGANAS

144, Kulpi Rd, Beharapara, Baruipur, West Bengal 700144

 

Consumer Case no. CC/11/2020

 

In the matter of:

Smt. Soma Malla,

……....Petitioner

 

      -versus-

Exparte proceeding

M/s. Greenhaven Realty Private Limited and Others,

           ... Opposite Parties

 

 

Brief notes of Argument by the Petitioner

Smt. Soma Malla

 

Facts ;

 

1. In the Year 2012, an advertisement was circulated in a network site namely Magic Bricks and in the said advertisement the Respondents publicized a scheme to sell huge chunk of land by dividing it into number of Plots. The said Respondent Company promoted a project namely GREEN CITY SONARPUR and invited applications from the intending Purchasers to Purchase plots of land under the said project by making payments to the respondents in number of installments within a stipulated period of time mentioned in their advertisement brochure.

 

2. The Complainant paid Rs. 90,000/- ( Rupees Ninety Thousand ) only, as of 20% valuation of the plot, to the respondent company, as per the respondents terms and the respondent company acknowledge the same vide letter dated 15^th day of April’ 2012, and intimated that the plot being number 4A19, in the Township project GREEN CITY SONARPUR, has been allotted.

 

3. The Complainant regularly made payments of the installments, as per the terms of the respondent company, and subsequently the respondent company entered into an Agreement for Sale dated 6^th day of October’ 2012, with the complainant at the total consideration of Rs. 6,00,000/- ( Rupees Six Lakhs ) only, in respect of the schedule of Land as Land measuring 4 ( Four ) Cottahs being Scheme Plot no. 4A19, lying and situated at Mouza SANGUR, J.L. no. 108, Dag no. 2016, Police Station and Sub Registry Office at Sonarpur, Kolkata – 700 150, in the District South 24 Parganas, together with right to take Electric, Tap Water, Telephone etc., connection through over and under the said 20 feet wide common passage adjacent to the said plot of land together with all easement rights and appurtenance thereto.

 

4. The said Agreement for Sale dated 6^th day of October’ 2012, has been notorized on 20^th day of February’ 2013, before the Notary Krishnapada Mazumder, having Regd. No. 7911 of 2010, Govt. of India, City Civil Court, Kolkata.

 

5. The execution of the said Agreement for Sale with the respondent person / company, it has been specifically acknowledged that as on the date of execution of the said agreement for sale complainant has paid as of Rs. 2,40,000/- ( from April’ 2012 to August 2012 ).

 

6. The Complainant paid as of Rs. 5,20,000/- ( Rupees Five Lakhs and Twenty Thousand ) only, to the respondent company, in several equal installments, as per the respondent company terms, and the said payments has been acknowledged by the Directors through money receipts.

 

7. After making the payments, the Complainant visited the office of the respondents on several occasions with a request to cause necessary endavour to execute a Deed of Conveyance in favour of the complainant, as per the terms of Agreement for Sale dated 6^th day of October’ 2012, and on all occasions the respondents assured to take necessary steps but all in vain.

 

8. In the month of July’ 2014, the respondent persons came with another proposal as of that they have decided to modify their projects as “PLOT with Bunglow” and asking for further payments towards additional costs. The complainant decline to take such offer of the respondents, and asked for refund of her money paid with banking rate of interest along with compensation.

 

9. In the month of July’ 2014, the complainant sit with the respondent persons and clearly acknowledge that She is not interested in modified and or revised projects and therefore the complainant seeks to get her money back with bank interest and compensation.

 

10. The respondent no. 2, 3, 4, and 5, being the Managing Director and the Directors of the respondent no. 1, company, were in charges of and were responsible for the conduct of the business of the respondent no.1, company, and were at the helm of affairs of the company. 

 

11. In the Agreement for Sale dated 6^th day of October’ 2012, at page no. 3, para 1, at last portion it has been described as “ In the event of failure to give maraketable title to the Purchaser / Allottee the Developer under takes to refund the amount that will be paid upon execution of these presents to the Purchaser / Allottee.” And in para 3, stated as “ Each allotte along with the Developer will be entitled to the following easement rights and similarly be subject to similar easements and rights to the other unit allottees as also the developer i) Right of access and way in common with the Developer and / or other allottees at all time with the use and enjoyment of common area and facilities to which they are entitled to. Ii) Easements quasi easements, appendages and  appurtenances belonging to or appurtenant to plots as usually held used and occupied or known as part or parcel thereof or appertaining thereto provided always that nothing herein contained shall permit the allottee or any person deriving title under him or his agent and invitee to obstruct in any way by vehicle, deposit or materials, rubbish or otherwise free passage of other person or persons including the developer and other allottee entitled to such way as aforesaid. iii) the right of protection of the plot by and from all parts of the project as far as they are normally protected. iv) the right of flow in common of electricity, telephone, water and waste or soil from and to the plot through pipes, drains, wires, and conduits lying or being in under through or over the other parts of the said project as applicable, so far as may be reasonably necessary for the beneficial use occupation and enjoyment of each plot.

 

12. The Complainant paid such amount of valuable consideration as per Agreement for Sale dated 6^th day of October’ 2012, to the respondents from her hard earned and saved money to fulfill her family member’s dream but all in vain at the instances of unfair trade practices of the respondents.

 

13. The Complainant is a victim of the purported acts and deficiency in services at the instances of the opposite parties and the acts of the opposite parties as well as the facts are well constitute the deficiency in services on the part of the opposite parties.

 

14. The Complainant solely seeks to get her money as of Rs. 5,20,000/- ( Rupees Five Lakhs and Twenty Thousand ) only, from the Opposite Parties / Respondents.

 

15. The respondents shall also pay the compensation due to the Complainant for the harassment, troubles, physical inconvenience and mental agony arising directly out of the breach of the agreement and breach of duty on the part of the respondents. The Complainant assesses such loss and damages at Rs. 3,00,000/- ( Rupees Three lakhs ) only.

 

 

16. The Complainant relying on the following documents / Papers :

a)    Letter of Allotment dated 15^th day of March’ 2012;

b)   Agreement for Sale dated 6^th day of October’ 2012;

c)    Money Receipts;

d)   Email Communications;

 

17.                The Petitioners therefore prayed for :

 

a)    To direct the respondents / opposite parties to pay Rs. 5,20,000/- ( Five Lakhs and Twenty Thousand ) only, with appropriate Banking rate of interest to the Complainant herein, in the interest of administration of justice;

 

b)   To direct the opposite parties to pay compensation, as for the harassment, troubles, loss of business, physical inconvenience and mental agony, suffered by the petitioners from the purported activities and others by the opposite parties as assessed as ₹ 3,00,000/- ( Rupees Three Lakhs ) only to your petitioners;

 

c)    To grant the cost of the proceedings ;

 

d)   To grant any other relief or alternate relief to the applicants / petitioners as found out by your Honour, in the facts and circumstances of the Complaint.

 

During the Proceeding ;

 

1)   The notices on admission of the consumer complaint has duly been served though the respondents did not appear in the present Consumer Proceeding;

2)   Consequently, the Notice though paper publication in Bengali daily newspaper “aajkal” has been published, though the respondents did not appear in the present consumer proceeding;

3)   Therefore the present consumer proceeding has been directed ex-parte against the respondents, on satisfaction of services of notice upon the respondents by way of paper publication;

4)   The Evidence on affidavit placed by the Complainant is unchallenged and beyond any reasonable doubts, so far.

 

Submissions ;

 

The Complainant paid the consideration money, to the respondents, though the physical possession has not been delivered by the respondents, as the projects with all amenities as committed by the respondents has not been established yet. The agreement for sale has not been performed in its content and purport by the respondents. Thus the complainant is entitled to get relief in terms of her prayer.

 

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