DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

      C.C. CASE NO. _100_ OF ___2016_

DATE OF FILING : 14.9.2016                     DATE OF PASSING JUDGEMENT:30.08.2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker  & Jhunu Prasad

COMPLAINANT             :   Smt. Swapna Chakraborty, wife of Sri Amitava Chakraborty of 7, Baroda Avenue, Garia, P.S. Patuli, Kolkata – 84.

-VERSUS  -

O.P/O.Ps                            :  1. M/s Desire Agro Resorts Development Private Limited of P-85, Lake Road, P.S Lake,  Calcutta-29.

                                             2.  Sri Ashoke Bose, son of late Amiya Kumar Bose, Managing Director  of M/s Desire Agro Resorts Development Private Limited of P-85, Lake Road, P.S Lake,  Calcutta-29 and  at 23, West Road, Jadavpur, Kolkata –75

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                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

The short case of the complainant is that complainant applied for booking of one plot of land at Dakshinayan III, Joinpur, Plot no.C-93, (S.F) , P.S Sonarpur measuring 2 cottahs to the O.P-1 ,wherein her husband namely Sri Amitava Chakraborty was the nominee and on the same day she paid Rs. 32000/- towards booking amount and rest amount was paid by 36 monthly equal installment starting from 18.12.2006 to 27.8.2010 amounting to Rs.1,28,000/- and thus fully consideration amount  of Rs.1,60,000/- for the said plot was paid . The O.Ps are bound to execute the deed of conveyance after development. It has claimed that inspite of full payment complainant approached the O.P on numerous occasions to deliver possession after development and to execute and register the proper deed of conveyance but the  deed of conveyance was not executed  and possession of the land was also not handed over till date. Accordingly legal notice was served on 5.8.2016 but O.P refused to take any initiative and adopted dilatory tactics. Hence, this case praying for a direction upon the O.P to return Rs.1,60,000/-  with fixed deposit interest , compensation and cost.

The O.P appeared and contested the case by filing written version and denied all the material allegations. The O.P submitted that complainant is only entitled to get back the principal amount deposited with the office and that too in installment basis since complainant had paid money through installments and the O.Ps are ready to pay back the principal amount to the complainant. The O.Ps pray to allow them to pay off the principal amount in five or six installments .

Points for decision in this case is whether there is any deficiency in service or unfair trade practice adopted by the O.P or not.

                                                                        Decision with reasons

Considering the totality of the circumstances we find that complainant already paid the consideration money in terms of the  agreement , but the plot was not handed over.

From the money receipts we find that complainant paid full amount but the O.Ps failed and neglected to hand over the plot. Thus we find hat complainant has been able to prove his case and after receipt of money since the O.Ps have failed and neglected to hand over the developed plot and arrange for registration, of course at the cost of the complainant, O.Ps acted deficiency in service.

            Accordingly, it is

                                                                        Ordered

The complaint case is allowed on contest against the O.Ps.

The O.P is directed to refund Rs.1,60,000/- along with interest @9% p.a from the date of filing this case till the date of realization to the complainant within 30 days from the date of this order. 

The O.P is directed to pay compensation to the tune of Rs.5000/- and cost of Rs.5000/- to the complainant within the stipulated period, failing which, complainant is at liberty to execute the order through this Forum. 

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                                                           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

The complaint case is allowed on contest against the O.Ps.

The O.P is directed to refund Rs.1,60,000/- along with interest @9% p.a from the date of filing this case till the date of realization to the complainant within 30 days from the date of this order. 

The O.P is directed to pay compensation to the tune of Rs.5000/- and cost of Rs.5000/- to the complainant within the stipulated period, failing which, complainant is at liberty to execute the order through this Forum. 

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                                                           Member                                               President