West Bengal

South 24 Parganas

CC/115/2016

Sri Purnendu Shekhar Mukherjee. S/o Late K.B. Mukherjee. - Complainant(s)

Versus

1. ABS Land Development and Construction Pvt. Ltd. - Opp.Party(s)

Madan Mohan Das.

27 Feb 2017

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _115_ OF ___2016_

 

DATE OF FILING : 29.9.2016                       DATE OF PASSING JUDGEMENT:  27.02.2017

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Sharmi Basu  &   Subrata Sarker

                                                                             

COMPLAINANT              :   Sri Purnendu Shekhar Mukherjee,s/o late K.B. Mukherjee  of 528/2/23, Allahabad, Ramananda Nagar, P.O Daragunj, P.S. George Town, Allahabad 211006  (U.P) and also residing at Flat no.A1, Suchana Apartment, 235/2A/1, N.S.C Bose Road, P.O Naktala, P.S. Netaji Nagar, Kolkata – 47, represented by his Constituted Attorney

                                           Sri Shubhendu Shekhar Mukherjee,s/o late K.B. Mukherjee at Flat no.A1, Suchana Apartment, 235/2A/1, N.S.C Bose Road, P.O Naktala, P.S. Netaji Nagar, Kolkata – 47,

                                           2.     Sri Shubhendu Shekhar Mukherjee,s/o late K.B. Mukherjee at Flat no.A1, Suchana Apartment, 235/2A/1, N.S.C Bose Road, P.O Naktala, P.S. Netaji Nagar, Kolkata – 47,

 

• VERSUS  -

 

O.P/O.Ps                                :  1. M/s ABS Land Development Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Ballygunge, Kolkata – 29

                                                    2.     Mr. Tapan Ghosh, s/o late P.L Ghosh,  Managing Director, ABS Land Development & Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Ballygunge, Kol-29 and also residing at 6, Panchkori Ghosh Lane, Silpara, Behala, Kolkata – 8.

                                                   3.    Mr. Abhijit Choudhury, Director of ABS Land Development & Construction Pvt. Ltd. of Flat no.1B, G-108, Gouranga Mandir Road, Baghajatin, Kolkata – 68.

                                              

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

            This is the  short case of the complainants  that  they decided to purchase two plots of land being  plot nos.D50 and D51    measuring an area of little more or less 2.5 cottahs each equivalent to 1800 sq.ft each   lying and situated at Dist. South 24-Parganas within P.S. Sonarpur, Mouza-Bamungachi at a total consideration of Rs.5,50,000/- for plot no.D50 and Rs.5,00,000/- for plot no.D51  from the O.Ps and complainant paid initially booking amount of Rs.1,10,000/- . It has contended by the complainant that total consideration money of Rs.10,50,000/- already paid to the O.Ps . But inspite of several communications for delivery of possession of the plots to the complainants, nothing was done for which complainants lost his faith in respect of the plot of the O.Ps . Hence this case with a prayer to pass necessary direction upon the O.Ps jointly and/or severally to deliver khas possession and to execute and register the deed of conveyance in respect of the plots or to issue direction upon the O.Ps jointly and/or severally to refund the value of the plot along with 20% interest from 29.9.2014   and also prays for compensation of Rs.6,00,000/- and litigation cost of Rs.30,000/-.

            The O.Ps,did not appear and  file written version ,for which the case is proceeding in exparte against them.

 

            Points for decision in this case is whether there is any deficiency in service and unfair trade practice on the part of the O.Ps or not.

                                                                        Decision with reasons

             We have gone through the money receipts and we find that there is no dispute that O.Ps were agreed to sell  plots for which they received the full amounts from the  the complainants but the said plots were not handed over to the complainant. It is true that there is least possibility to hand over the plots ,for which complainants rightly made alternative prayer for refund of full consideration money with interest. We find nothing to disbelieve the case of the complainant and the same is allowed and it is just and proper to accept the alternative prayer i.e. refund of the full consideration money with interest from the date of filing the case till realization, otherwise it would be very difficult for the complainant to get the plots from this type of O.Ps who have no faith upon the commitment made by them and in order to grab the money and to sell the said plot in higher price to others, the amount is collected  from the complainant  which is unfair trade practice and deficiency of service on the part of the O.Ps.

 

            Hence,

                                                                        Ordered

That the application filed under section 12 of the C.P Act is allowed in exparte against the O.Ps with cost of Rs.10,000/- ,which will be borne by the O.Ps jointly and/or severally.

All the O.Ps are directed jointly and/or severally to refund the entire consideration money of Rs.10,50,000/- along with interest @8% p.a from 29.9.2016  to till its realization to the complainants.

The O.Ps are further directed to pay jointly and/or severally compensation to the tune of Rs.50,000/- to the complainants within 30 days from the date of this order.

All the payments should be made within 30 days from the date of this order, failing which, complainants are at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

 

            Member                                   Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

 

 

 

               

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,                 

Ordered

That the application filed under section 12 of the C.P Act is allowed in exparte against the O.Ps with cost of Rs.10,000/- ,which will be borne by the O.Ps jointly and/or severally.

All the O.Ps are directed jointly and/or severally to refund the entire consideration money of Rs.10,50,000/- along with interest @8% p.a from 29.9.2016  to till its realization to the complainants.

The O.Ps are further directed to pay jointly and/or severally compensation to the tune of Rs.50,000/- to the complainants within 30 days from the date of this order.

All the payments should be made within 30 days from the date of this order, failing which, complainants are at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

 

            Member                                   Member                                                                       President