16.....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 ex-parte 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 his (complainant) paid amount of Rs. 7, 20,000=00 (Rs. Seven lakh and twenty thousand) 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. 50,000=00 only 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. 201  OF 2019

DATE OF FILING                        DATE OF ADMISSION                   DATE OF FINAL ORDER

     04.12.2019                                    13.12.2019                           25.02.2021

Present                                              :  President   :  Asish Kumar Senapati

                                                              Member :  Jagadish Chandra Barman

Complainant:-                                 : Somnath Chakraborty, son of late Harisadhan Chakraborty, 42/94, Bedia Danga IIND Lane, Kolkata- 700039.

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

Sri Jagadish Chandra Barman,  Member (M)

            The facts leading to the filing of the instant case by the complainant may be epitomized as follows:

            The complainant (Somnath Chakraborty) 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 21.12.2011 with the O.Ps represented by its partner/Director namely Mr. Tapan Ghosh for purchasing a plot of land measuring about 2880 sq.ft equivalent to 4 cottahs (approx.) comprising of R.S.Dag no.75, R.S.Khatian no. 405, J.L no.154, Mouza Pirkhali, P.S Bishnupur, District-South 24-Parganaes, West Bengal, known and identified as Plot no. B 187 (Block-B) in the master plan of “Baruipur Enclave”.  The total consideration price was settled at Rs.7, 20,000/- only.

            As per terms and conditions of the aforesaid Agreement for Sale dated 21.12.2011, the complainant paid first booking money of Rs. 3, 01,095/- only to the O.Ps. and the balance amount Rs.4,18,905/- only also paid  in 24 monthly installments by cheque to the O.Ps.  The complainant has attached all the money receipts in his complaint case.

            In spite of making full payment as per terms and conditions of the agreement for sale, the O.Ps. failed to give possession, registration of the schedule plot to the complainant till the date of his 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 ought to complete the work of project of township named “Baruipur Enclave” in all respect within a reasonable time of 3 years.

            After receiving full payment of Rs.7, 20,000/- as booking and part payment, the O.Ps. or its partners/directors  and Mr. Tapan Ghosh promised to deliver the possession of the scheduled plot of land, complete the construction by executing and registering the Deed of Conveyance after demarcation of the scheduled plot and development of the same by constructing the connecting roads and also  to provide other civic amenities and facilities necessary for proper

habitation. 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 for the financial crisis of the O.Ps.  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 he filed this complaint case before this ld. Forum on 4.12.2019. 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. 21.12.2011and it is still running as the O. Ps. did not do anything as per terms and conditions of the agreement for sale. As a result, the case is admitted provisionally on 13.1.2020.

                           In this instant complaint case, the complainant prayed this learned Forum, now District Consumer Disputes Redressal Commission, to issue directions to the O.Ps. to refund paid full consideration money of Rs. 7,20,000 only with interest, compensation amount of Rs. 1,00,000 only and Rs. 30,000 only as costing etc..

                          This Forum of South 24-Parganas sent by speed post a set of complaint application to the O.Ps on 13.12.2019. But the notice sent by this Ld. Forum was unnerved. The notice was served on 16.1.2020 to Mr. Tapan Ghosh when he was produced in the Forum by the police from the jail custody. The  O.P.

was directed to submit written version within time, but the O.Ps. did not do so. So, this complaint case is to be 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 02/9/2020, his 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. 3, 01,095=00 only as booking money and Rs.4, 18,905/-as part payment to the opposite parties to get a plot of land measuring about 2880 sq.ft equivalent to 4 cottahs (approx.) comprising of R.S. Dag no.75, R.S. Khatian no. 405, J.L no.154, Mouza Pirkhali, P.S Bishnupur, District-South 24-Parganaes, West Bengal. The O. Ps. also issued receipts in favour of the complainant.  The complainant was intended to construct his dwelling house thereon to live there with his family. Therefore, it is clear to us that the complainant is a consumer under Section 2(d) of the Consumer Protection Act 1986.

                                           The O. P. did not do 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

21/12/2011.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 Section 2(r) of the Consumer Protection Act 1986 occurred on behalf of the opposite part no. 1 & 2.

                                              Relating to point no. 3, we are of the opinion that the complaint was very much eager 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 full consideration amount of Rs, 7, 20,000=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 date 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. know it very well that they have nothing 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 ex-parte 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 his (complainant) paid amount of Rs. 7, 20,000=00 (Rs. Seven lakh and twenty thousand) 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. 50,000=00 only 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.