DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 9 OF 2019
DATE OF FILING: 17.01.2019 DATE OF JUDGEMENT: 10.12.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
Member : Jagadish Chandra Barman
COMPLAINANT : S. Pawan Kumar, S/o – Surendra Prasad Roy, By faith Hindu, By occupation – Service, Permanently resident of Village – Milki, Nainha, P.S. – Hajipur, District – Vaishali, Pin – 844124 (Bihar).
O.P/O.Ps : 1. D.K. Land Development & Construction Pvt. Ltd., A company incorporated under the Companies Act, 1956, Having its registered office under the said Act at 423D, Motilal Gupta Road, Kolkata – 700 082 and also having office at 617A, Diamond Harbour Road, Kadamtala Bazar, P.O. & P.S. – Thakurpukur, Kolkata – 700 063, West Bengal, and having site office at Village – Dakshin Bagi (Purba Para), P.O. & P.S. – Bishnupur, District – South 24 Parganas, Pin – 743503, represented by one of its Director Sri Asit Pramanik.
2. Sri Asit Pramanik, S/o – Bhabasindu Pramanik, Village – Ramnagar (Mandal Para), P.O. - Khagramuri, P.S. – Bishnupur, District – South 24 Parganas, Pin – 743313.
3. Mrs. Dipali Pramanik, Director of D.K. Land Development & Construction Pvt. Ltd., Working for gain at Village – Dakshin Bagi (Purba Para), P.O. & P.S. – Bishnupur, District – South 24 Parganas, Pin - 743503.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case may be epitomized as follows.
A project named “ECO CITY (South)” was launched by O.P. no. 1 and O.P. no. 2 who are developers of O.P. no. 1 company. Complainant booked a plot of land in that project of the O.Ps. on 20.06.2012 and the land is succinctly described in schedule to the complaint. A memo of agreement dated 21.11.2012 was also executed between the complainant and the O.Ps. and thereby the O.Ps. agreed to sell a developed plot of land to the complainant for a total consideration price of Rs. 7,20,000/-. Complainant has paid Rs. 4,93,000/- in all on different dates the last of the installments was paid to the O.Ps. on 08.03.2015. The project work was to be completed by the O.Ps. within the year 2017. But the work of the said project has not yet been started. The complainant has therefore come up before this forum with the filing of the instant case praying for registration of the said land, possession thereof and compensation etc. Hence, this case.
Notice of the case has been served upon the O.Ps. through paper publication a copy of which is kept in record. In spite of such service, the O.Ps. have not turned up to contest the case and therefore the case is heard ex-parte against them.
POINTS FOR DETERMINATION
- Are the O.P.s guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for?
DECISION WITH REASONS
Point nos. 1 and 2:
Petition of complaint is treated as evidence of the complainant, vide his petition dated 23.09.2019. It is stated in petition of complaint that the O.Ps. executed a memo of agreement dated 21.11.2012 and that they have thereby agreed to sell a developed plot of land to the complainant for a total consideration price of Rs. 7,20,000/-. It is also stated in the complaint that the work of the project was to be completed within the year 2017 and that it is has not yet been started on the date of filing of the instant case. It is also stated by the complainant in his petition of complaint that he has already paid Rs. 4,93,000/- in all to the O.Ps. A copy of memorandum of agreement dated 21.11.2012 is filed on record by the complainant. It establishes that the O.Ps. promised to sell a plot of land to the complainant for a total consideration price of Rs. 7,20,000/-. It also reveals that the possession of the developed land was agreed to be delivered to the complainant by the O.P. within the year of 2017. A list of detailed payment made by the complainant to the O.P. company is filed on record by the complainant. This list is also seen to have been signed on behalf of the O.P. company. All these evidences have remained unchallenged and there is no reason whatsoever to disbelieve the unchallenged evidences of the complaint. It stands established on such evidence of the complainant that the O.Ps. have not been able to complete their project work and to deliver the possession of the land of their project to the complainant within the year 2017 as agreed by them. Non-taking of any step towards execution of the project work by the O.Ps. is good example of deficiency in service on their part. It has been stated by the complainant in petition of complaint that the O.Ps. delivered 3 cheques to him in order to return the money received by them to the complainant, although those cheques have been dishonored. Issue of cheques in favour of the complainant for the purpose of refunding the money received by the O.Ps. also goes a long way to prove that the O.Ps. had ever no intention to execute their project. Their intention was to garner money from the public under the grab of their project. Such conduct on the part of the O.Ps. is also an instance of unfair trade practice. The O.Ps. have enjoyed profits over the money collected from the complainant, and on other hand, the complainant has suffered heavy financial loss. In addition to this, there is mental agony and loss suffered by the complainant. Having taken into consideration all these circumstances, we are of the opinion that it will be far better to order the refund of money received by the O.Ps. from the complainant, because no project work has yet been started by the O.Ps.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed ex-parte against the O.Ps. with a cost of Rs. 10,000/-.
The O.Ps are directed to refund Rs. 4,93,200/- along with compensation in the form of interest at the rate of 12% p.a. from the last date of payment i.e. 08.03.2015 till full realization thereof.
The O.Ps. are directed to make the above payment within a month of this order failing which the complainant is at liberty to recover the sum in execution of this award through instrumentality of this forum.
Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.
I/We agree President
Member Member
Directed and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is decreed ex-parte against the O.Ps. with a cost of Rs. 10,000/-.
The O.Ps are directed to refund Rs. 4,93,200/- along with compensation in the form of interest at the rate of 12% p.a. from the last date of payment i.e. 08.03.2015 till full realization thereof.
The O.Ps. are directed to make the above payment within a month of this order failing which the complainant is at liberty to recover the sum in execution of this award through instrumentality of this forum.
Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.
