17....25.02.2021.....

Today is fixed for delivery of judgment/ final order. Complainant is present today. Final order is ready. It is sealed, signed and delivered in open commission.

It is,

 That the complaint case be and same is hereby allowed exparte against the opposite parties jointly/severely with cost of Rs. 5,000=00 (Rs. Five thousand) only.

The opposite parties no 1 & 2 are directed jointly/severely to refund her(complainant) paid amount of Rs. 1,54,110.=00 (Rs. One lakh fifty four thousand one hundred and ten) only to the complainant within 60 days with 6% p. a. simple interest from the date of Agreement for Sale & it is till to the realization thereof.

The opposite parties no. 1 & 2 are directed to pay Rs. 25,000=00 (Rs. Twenty five thousand) as compensation amount for harassment and mental agony within 60 days from the date of this order, failing which cost and compensation amount will bear 8% p.a. simple interest till full realization thereof.

The Register- in- charge of this Commission is directed to send a copy of this judgment free of cost at once to the parties concerned by speed post.

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

SOUTH 24-PARGANAES

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700144

C.C.NO.198 OF 2019

DATE OF FILING                      DATE OF ADMISSION                  DATE OF FINAL ORDER

29.11.2019                                        10.12.219                                        25.02.2021    

Present                                              :  President   :  Asish Kumar Senapati

                                                              Member :     Jagadish Chandra Barman

Complainant:-                                 :  Mrs. Kunti             Das

                                                             D/O-  Dharani        Das

                                                              Vill.- Fulni,   P. S.- Chandipur

                                                               P. O.-  Simulbari,  near Abhas Bari

                                                               Dist.- Midnapur (E),West .

                                                                                                      Versus

Opposite  Party(s):                        

                                                            1.   Directors of M/s. ABS Land Development and Construction Private Limited, 13/B, Jatin Das Road, P.S Tallygunge, Kolkata-700029, represented by its Directors

                                                            2.  Mr.  Tapan Ghosh, son of late P.L. Ghosh, 13/B, Jatin Das Road, P.S Tallygunge, Kolkata-700029.

      Jagadish Chandra Barman,  Member (M)

            The facts leading to the filing of the instant case by the complainant (Mrs. Kunti Das ) may be epitomized as follows:

            The complainant (Mrs. Kunti Das ) was searching a piece of land for making a house for dwelling purpose. So the complainant met the O.Ps.  The O. Ps. of ABS Land Development and Construction Private Limited is a builder/developer company incorporated under the Companies Act, 1956, having its registered office at 13/B, Jatin Das Road, P.S Tallygunge, Kolkata-700029. The complainant, thereafter, entered into an Agreement for Sale on 24.12.2011 with the O.Ps represented by its partner/Director namely Mr. Tapan Ghosh for purchasing a plot of land measuring about 1600 sqr. feet equivalent to 2 cottahs 3 chattak 25 sq. feet (approx.) comprising of dag no-911, khatian no.-133, J. L. No- 33, mouza – Mamudpur, gram panchayet—Moukhali, P. S. –Bisnuhpur, dist.- 24 Parganaes(S), West Bengal demarcated in the map or master plan of “Amtala West Field “ , identified as plot no- C104 (block no-c) . The total consideration price was settled Rs. 2, 66,667=00 ( Rs. Two lakh sixty six thousand six hundred and sixty seven) only.

            As per terms and conditions of the aforesaid Agreement for Sale dated 24.12.2011, the complainant paid first booking money of Rs. 1, 05,450/- only to the O.Ps. and the balance amount Rs.1,61,217/- only also to be paid  in 25 monthly installments by cheque/cash.  Again the complainant paid Rs. 48,660=00 as part payment to the O.Ps. Payment is clear from the money receipts issued by the ABS Land and Construction Private Limited and the complainant has also attached all the money receipts in her complaint case.

                 In spite of making almost full payment as per terms and conditions of the agreement for sale, the O.Ps. did not take any initiative to give possession, registration of the schedule plot  etc. to the complainant till the date of her submission of this instant complaint case before the Ld. Consumer Disputes Redressal Forum, South 24-Parganaes. As per the terms and conditions of the

agreement, the O.Ps. or the aforesaid partners/directors of the O.Ps. and Mr. Tapan Ghosh, after receiving the balance amount of Rs. 1,12,557=00,  ought to complete the work of project , register the said plot of land  within  December 2015.

                       But the complainant observed that no project work had been done as per the terms and conditions of the said agreement. The complainant repeatedly visited in the project area and found that the partners of the O.Ps. did not do anything to develop the project plan, demarcation of the plots, construction of connecting roads and the work of providing civic facilities and amenities, Not only that, but also whenever the complainant met with the O.Ps, they gave mere assurance of starting soon the work of development of the project land, but did nothing. Thereafter, the O.Ps. started avoiding the complainant of this instant case. Henceforth, O.Ps. expressed their inability to develop the project land and register of the scheduled plot to the complainant due to some litigation arose there   and practically the O.Ps. left and abandoned the said project.

                        After that, the complainant came to know that this Ld. Commission of South 24-Parganaes has jurisdiction to adjudicate the said case and hence she filed this complaint case before this ld. Forum on 29/11/2019. We also heard the case and perused the documents of the complainant.

                         The cause of action was started from the date of agreement i. e. 24/12/2011 and it has been  running till today as the O. Ps. neither refund the paid money nor did registration etc. of  the said plot of land in favour of the complainant as per terms and conditions of the agreement for sale. As a result, the case is admitted provisionally on 10.12.2019

                                             In this instant complaint case, the complainant prayed to this learned Forum, now District Consumer Disputes Redressal Commission, to issue directions to the O.Ps. to refund paid amount of Rs. 1,54,110=00 only with interest, compensation amount of Rs. 1,00,000 only and Rs. 30,000 only as costing etc..

                      This Forum/Commission of South 24-Parganas sent by speed post a set of complaint application to the O.Ps. But the notice sent by this Ld. Forum/Commission was unserved. The notice was served on 16.1.2020 to Mr. Tapan Ghosh when he was produced from the jail custody before the Forum by the police of the correctional home of Baruipur. The O.P. was directed to submit written version within time, but the O.Ps. did not do so. So, this complaint case is considered as Ex-parte.

                              Upon the averments of the complainant, the following points are formulated for the consideration.

POINTS FOR DETERMINATION

1].    Is the complainant a consumer?

2]    Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainant?

3]      Is the complainant entitled to get relief /relieves as prayed for?

EVIDENCE OF THE COMPLAINANT

                                   As per written prayer of the complainant dated 02/09/2020, her petition of complaint is considered as evidence.

DECICIONS WITH REASONS.

Point no. 1, 2, & 3.

                                       On perusal of the records and documents, it is evident that the complainant paid Rs. 1,05,450=00 only as booking money and Rs.48,660=00 as part payment to the opposite parties. In total she paid Rs. 1, 54,110=00  only to get a plot of land measuring about 1600 sqr.  feet equivalent to 2 cottah 3 chattak 25 sqr. feet (approx.) comprising of dag no-911, khatian no.-133, J. L. No- 33, mouza – Mamudpur, gram panchayet—Moukhali, P. S. –Bisnuhpur,  District-South 24-Parganaes, West Bengal. The O. Ps. also issued money receipts in favour of the complainant.  The complainant had expectation to construct her dwelling house thereon to live there with her family members. Therefore, it is clear to us that the

complainant is a consumer under Section 2(d) of the Consumer Protection Act 1986.

                                           The O. Ps. neither claimed remaining balance nor did anything like execution and registration of Deed of Conveyance of the said plot of land after demarcation of plot, construction of connecting paths, completion of works for civil amenities, facilities etc. as per terms and conditions of the signed Agreement for Sale dated 24.12.2011.Therefore, purpose of the O. Ps. was clearly to collect money from the innocent and interested persons; but not to do anything. Hence there is certainly deficiency of services as per Sec 2 (g & o) and unfair trade practice as per sec. 2(r) of the Consumer Protection Act 1986 occurred on behalf of the opposite party no. 1 & 2.

                                              Relating to point no. 3, we are of the opinion that the complainant was very much eager to pay the unpaid amount of Rs.1, 12,557=00 only to the O. Ps. to get registration of Deed of Conveyance of the said plot of land after demarcation, construction of connecting paths, completion of works for civil amenities, facilities etc. to make accommodation for dwelling purpose with all family members. For the said purpose, the complainant paid Rs 1, 54,110=00 only to the O. Ps. faithfully. The complainant also had been waited for many years to get the said plot of land. But the opposite party (s) did not take any initiative to hand over the possession by registration of the plot of land in question and did not provide any amenities, facilities etc. O. Ps. also did not pay any heed upon the concern, anxiety and mental agony of the complainant. Even after receiving the notices from the court on 16/01/2019, the O. Ps. did not appear and submit written version before this learned Forum, now Commission, on any stipulated dates of this instant complaint case. So this C. C. Case is remained unchallenged. It is also clear from the documentary evidences that the O. Ps. knew it very well that they were unable to challenge this instant case. Henceforth the attitude of the O. Ps. was then to collect money as well as to deceive the complainant.

                                  In the result, the case is succeeded.

             Hence,

                                                                   ORDERED

            That the complaint case be and same is hereby allowed exparte against the opposite parties jointly/severely with cost of Rs. 5,000=00 (Rs. Five thousand) only.

The opposite parties no 1 & 2 are directed jointly/severely to refund her(complainant) paid amount of Rs. 1,54,110.=00 (Rs. One lakh fifty four thousand one hundred and ten) only to the complainant within 60 days with 6%

p. a. simple interest from the date of Agreement for Sale & it is till to the realization thereof.

The opposite parties no. 1 & 2 are directed to pay Rs. 25,000=00 (Rs. Twenty five thousand) as compensation amount for harassment and mental agony within 60 days from the date of this order, failing which cost and compensation amount will bear 8% p.a. simple interest till full realization thereof.

The Register- in- charge of this Commission is directed to send a copy of this judgment free of cost at once to the parties concerned by speed post.