West Bengal

South 24 Parganas

CC/381/2015

Umesh Kumar Giri, S/O- Devendra Giri. - Complainant(s)

Versus

1. Chandan Chatterjee, S/O -Lt. Shib Shankar Chatterjee. - Opp.Party(s)

Pabitra Nath.

12 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _381_ OF ___2015_

 

DATE OF FILING : 24.8.2015                     DATE OF PASSING JUDGEMENT:  12.8.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker

                                                                             

COMPLAINANT             : Umesh Kumar Giri,s/o Devendra Giri of 212T, Picnic Garden Road, P.O Tiljala, P.S. Kasba, Kolkata – 39.

 

-VERSUS  -

 

O.P/O.Ps                            : 1. Chandan Chatterjee,s/o late Shib Shankar Chatterjee.

                                             2. Megha Chatterjee,d/o Chandan Chatterjee of 60/24, Mahendra Banerjee Road, P.S. Parnasree, Kolkata- 60.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

             The short case of the complainant is that he is the Proprietor of Om Construction and has entered into a development agreement regarding a flat measuring 500 sq.ft at a consideration of Rs.10 lacs in the ground floor which is situated at premises no.302, ,60/24, Mahendra Banerjee Road, Behala Rabindra Nagar, KMC ward no.129, P.S. Parnasree, Kolkata – 60 with the O.P and cash of Rs.10 lacs. The O.P has already received Rs.2 lacs out of total Rs.10 lacs which has been paid on good faith. But after receipt of Rs.2 lacs O.P did not hand over the original document of the said landed property to your petitioner, for which complainant sent a letter through his Ld. Advocate on 27.01.2014   with a request to hand over the original documents and also to perform the agreement dated 27.01.2014 . But it was in vain. On 20.6.2015 it has come to the knowledge of the complainant that O.P already transferred the landed property to the third party depriving the complainant. Hence, this case with a prayer upon the O.Ps to perform their duties as per agreement dated 27.01.2014 , to pay compensation of Rs.10 lacs ,litigation cost of Rs.15000/- .

            It appears from the track report that summon was served but none appears ,for which the case is proceeding in exparte.

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

 

 

 

                                                            Decision with reasons

            It is well known to us that this proceeding under the Consumer Protection Act 1986 is a judicial proceeding in view of sub section 5 of section 13 of the C.P Act. So, the complainant has to prove his case. But unfortunately complainant did not tender the development agreement with the above named O.Ps, which he claimed executed on 27.01.2014.

            Apart from that complainant did not file the lawyer’s letter which is dated 27.01.2014 . So, it is very difficult to believe that there was a development agreement between the parties  or there was any assurance by the said contract between the parties to hand over the flat of 500 sq.ft in the ground floor as claimed by the complainant. Apart from that, payment of Rs.2 lac as claimed by the complainant has not yet been proved. So, all these circumstances clearly direct us come to a concrete findings that complainant has failed to prove deficiency in service as well as unfair trade practice of the O.P for lack of the above mentioned documentary evidence. Thus question of deficiency of service or unfair trade practice does not arise at all.

Hence,

                                                Ordered

That the application under section 12 of the C.P Act, 1986 is dismissed in exparte but in the sorry state of affairs we do not saddle the complainant by imposing any cost treating the same frivolous and vexatious complaint in view of the C.P Act,1986.

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

 

                                                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 under section 12 of the C.P Act, 1986 is dismissed in exparte but in the sorry state of affairs we do not saddle the complainant by imposing any cost treating the same frivolous and vexatious complaint in view of the C.P Act,1986.

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

 

                                                Member                                                                       President