DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 165 OF 2019
DATE OF FILING: 16.09.2019 DATE OF JUDGEMENT: 20.01.2020
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad & Jagadish Ch. Barman
COMPLAINANT : Sri Sanjay Dutta, S/O – Late Chittaranjan Dutta, Residing at 9/85 Netaji Nagar, P.S. – Netaji Nagar, Kolkata – 700 092.
O.P/O.Ps : 1. Desire Agro Resorts Development Pvt. Ltd., Having its registered office at P – 85, Lake Road, P.S. – Lake, Kolkata – 700 029 and P – 525, H.M. Sarani, P.S. – Lake, Kolkata – 700 029.
2. Sri Ashoke Kumar Bose, S/o – Late Amiya Kumar Bose, Managing Director of Desire Agro Resorts Development Pvt. Ltd., Having its registered office at P – 85, Lake Road, P.S. – Lake, Kolkata – 700 029, Also residing at 23, West Road, P.S. – Purba Jadavpur, Kolkata – 700 075.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The complainant made a payment of Rs. 1,80,000/-, though in installments, to the developer / O.Ps. for purchasing one developed plot of land measuring 1440 sq.ft. The O.Ps. received the money and thereafter failed to handover the possession of the land to the complainant within the agreed time. Even, no deed of convenience was registered by the O.Ps. in favour of the complainant with respect to the subject land. Now the complainant has come up before this forum with the filing of the instant case praying for passing an order directing the O.Ps. to deliver possession of the land and also to cause registration of the same in favour of the complainant or, in the alternative, to refund the entire consideration money along with compensation etc. Hence, this case.
The O.Ps. have filed W/Vs in this case wherein they have admitted that they accepted the money from the complainant for the purpose of selling a plot of land to her. It is categorically admitted in W/V that they are ready and willing to refund the consideration money to the complainant, though they have prayed for payment by installments.
As the claim of the complainant is admitted by the O.Ps., we are in favour of passing a judgment on admission in favour of the complainant and the order is passed accordingly as here under. That apart in the facts and circumstances of the case we are of the opinion that it is better to pass an order directing refund of the consideration money to the complainant with a suitable order for compensation for damage sustained by the complainant.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is allowed on admission against the O.P.s with a cost of Rs. 10,000/-.
The O.Ps. are directed to refund Rs. 1,80,000/- to the complainant with interest at the rate of 6% p.a. from the respective dates of payment till full realization thereof. They i.e. the O.Ps. are also directed to pay a sum of Rs. 50,000/- as compensation for monetary loss of the complainant and also a further sum of Rs. 50,000/- as compensation for mental agony and harassment sustained by the complainant, within a month of this order failing which the compensation amount and the cost amount as referred to above will bear interest at the rate of 8 % p.a. till full realization thereof.
Register-in-charge is directed to supply a copy of this judgment at once free of cost to the parties concerned.
I/We agree,
Member Member President
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 allowed on admission against the O.P.s with a cost of Rs. 10,000/-.
The O.Ps. are directed to refund Rs. 1,80,000/- to the complainant with interest at the rate of 6% p.a. from the respective dates of payment till full realization thereof. They i.e. the O.Ps. are also directed to pay a sum of Rs. 50,000/- as compensation for monetary loss of the complainant and also a further sum of Rs. 50,000/- as compensation for mental agony and harassment sustained by the complainant, within a month of this order failing which the compensation amount and the cost amount as referred to above will bear interest at the rate of 8 % p.a. till full realization thereof.
Register-in-charge is directed to supply a copy of this judgment at once free of cost to the parties concerned.
