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Judgment
Heard counsel for the parties.
The above appeal has been filed against the order of the State Consumer Disputes Redressal Commission, West Bengal dated 26.04.2022 passed in CC/615/2018 whereby the complaint has been allowed and the appellant has been directed to refund the entire amount of Rs.1875000/- with simple interest @15% per annum from the date of respective deposit till the date of refund and a cost of Rs.10000/- has been awarded.
The complainants stated that the opposite party had launched a project of plotted colony namely ‘Unnayan Gardens’ at Mouza - Kulberia, District South 24 Paraganas in the year 2008. Some initial payment was made by the complainants in the year 2008. The complainant booked the plot on 03.08.2010. The opposite party executed an agreement dated 22.02.2011. Thereafter, the complainants made payment as per demand from time to time and upto 27.10.2014 paid Rs.1875000/- but the opposite party did not deliver possession of the developed plot as allotted to the complainants. In January, 2017, the opposite party offered another plot in Block-A instead of the plot as allotted to the complainants in Block-B but that plot was not accepted by the complainants. On these allegations, the complaint was filed for directing the opposite party to refund the amount deposited by the complainants with interest @ 18% p.a. from the date of respective deposit till the date of refund along with other consequential reliefs.
The opposite party filed its written reply in which the opposite party has not disputed the allotment of plot as well as execution of the agreement dated 22.02.2011 and deposits made by the complainants. The opposite party has simply raised a plea that due to force majeure reasons, the plots could not be developed and possession could not be handed over to the complainants. The opposite party has further raised the plea that the agreement was only a notarized document and no reliance could be placed on it as these terms are not enforceable.
The State Commission in the impugned order, found that the opposite party could not justify any reason relating to force majeure for unreasonable delay in delivery of possession. Therefore, the State Commission has directed for refund of the money along with interest @ 15% per annum. Hence, this appeal has been filed.
Counsel for the complainants argued that under the Stamp Act as amended in the West Bengal Amendment Act, 1919 w.e.f. 31.01.1994, stamp has to be paid as per valuation on the agreement for immovable property. The agreement as produced by the complainants dated 22.02.2011, is not admissible in evidence nor it can be relied upon either for interpretation of main terms of the agreement or for any collateral purpose, as held by Supreme Court in Avinash Kr. Chauhan Vs. Vijay Krishna Mishra AIR 2009 SC 1489. Award of interest as directed by the State Commission is excessive and illegal. Although clause-21 of the agreement provides for 10% interest in case of refund would be paid by the appellant but the agreement is not admissible in evidence as such, interest cannot be awarded.
I have considered the arguments of the counsel for the parties. So far as launching of the project of plotted colony as well as booking of the plot and deposit of the amounts, have not been denied. Although the full consideration was paid by the complainants till 27.10.2014 but he was not delivered possession till the filing of the complaint. Therefore, the complainants are entitled for refund of the money along with reasonable compensation. So far as the compensation is concerned, compensation can be granted in the nature of restitutory and compensatory both which is a just compensation. In the facts of the case, I think that award of compensation @ 10% per annum from the date of respective deposit till the date of refund would be just compensation which amounts to restitutory and compensatory both.
ORDER
In view of the above discussions, the appeal is partly allowed. Order of the State Commission dated 26.04.2022 passed in CC/615/2018 is modified to the extent that the complainants will be entitled for interest @ 10% per annum on their deposit from the date of respective deposit till the date of refund. The complainants are also entitled for a cost of Rs.50000/- in this appeal. The appellant shall pay the entire amount including the cost awarded by this Commission to the respondent within a period of two months from today.