DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _107_ OF ___2017_
DATE OF FILING : 22.08.2017 DATE OF PASSING JUDGEMENT: 26.6.2018
Present : President : Ananta Kumar Kapri
Member(s) : Jhunu Prasad & Subrata Sarker
Complainant : Smt. Bhaswati Dasgupta, wife of Dr. Manoj Dasgupta of 149, Jodhpur Park, P.O Jodhpur Park, P.S Lake, Kolkata – 68.
O.P/O.Ps : 1. “Dream”, at C-43, Baghajatin, P.O Regent Park, P.S Jadavpur, Kolkata – 92.
2. Mr. Badal Majumder, son of late Prangobinda Majumder, C-43, Baghajatin, P.O Regent Park, P.S Jadavpur, Kolkata – 92.
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J U D G E M E N T
Jhunu Prasad, Lady Member
Shorn of unnecessary details, the case present before the Forum for adjudication may be summarized thus:-
In diminutive, the fact stated in the complainant, is that, the complainant on 09.05.2012 entered into an agreement with the Opposite Parties for purchasing one developed plot of land measuring about 5 Kathas, under J.L. No. 67, Mouza- Hogalkuria, P.O. Sonarpur, P.S. Sonarpur, District- South 24 parganas along with common amenities and also organize the development program on behalf the complainant by common road to reach the allocated plots of land.
Thereafter, in terms of the said agreement the complainant paid entire consideration amount of Rs. 7,50,000/- to the Opposite Parties by A/C payee cheques on different dates .But in spite receipt of entire consideration amount the Opposite Parties did not hand over the said possession and did not register the said plot of land in favour of the complainant.
Thereafter the complainant repeatedly requested the Opposite Parties on several occasions to hand over the possession and to register the same in favour of the complainant, but the Opposite Parties made unnecessary delay to do the same.
Having no other alternative, the complainant approached before the Central Consumer Grievance, Kolkata, for resolving the instant dispute, but the Opposite Parties did not appear there to solve the dispute.
Though the Opposite Parties to keep their commitment to handover the said development plot of land and to register the same in spite of several requests, the complainant alleged deficiency in rendering service towards him.
Hence, this case is filed for seeking redressal.
Despite service of notices, the Opposite Parties never appeared before the Forum to contest the case by filing written version and so, the instant case has been heard ex-parte against the Opposite Parties.
POINTS FOR DECISION:-
The points for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record and is there any negligence or deficiency in service on the part of the Opposite Parties?
DECISION WITH REASONS:-
In order to prove the allegations set forth in the complaint, the complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main contention of the complainant is that, in spite of payment of entire consideration amount to the Opposite Parties the Opposite Parties never intended to hand over the said developed plot of land in question and did not register the same in favour of the complainant.
On overall evaluation of the argument made before us by the Ld. Advocate for the complainant and the material evidences on record, it is evident that the complainant entered into an agreement with the Opposite Parties for purchasing a developed plot of land on 09.05.2012 and to comply his part obligations, he had already paid the entire consideration amount of Rs.7,50,000/- only to the Opposite Parties by cheques on different dated, which is found from the documents filed by the complainant.
But, the Opposite Parties never showed any intention to perform their part of obligations to hand over the said plot of land and to register the same in favour of the complainant.
Moreover, it is found from the record that in spite payment of the entire consideration amount and repeated requested by the complainant , the Opposite Parties did not pay any heed to hand over of the said plot of land in question and to register the same in favour of the complainant.
Furthermore, it is evident that the complainant approached before the Central Consumer Grievance , Kolkata, and they have also sent notice to appear before them to resolve the matter but the Opposite Parties did not appear over there.
Moreover, all allegations made by the complainant never challenged by any of the Opposite Parties, even no Opposite Parties appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complainant.
Therefore, from the record and documents we have inclined to hold that the Opposite Parties deliberately ignored to hand over the said developed plot of land and to registered the same in favour of the complainant which amounts to deficiency of service within the per view of section 2(1)(g) of C.P. Act 1986 and therefore they are liable to refund the entire amount of Rs.7,50,000/- to the complainant.
In the light of the above analysis, we are of the opinion that the complainant is entitled to get relief as prayed for and consequentially the points for consideration are decided in affirmative.
In short, the complainant deserves success.
In the result, we proceed to pass
ORDER
That the case be and the same is allowed ex-parte against the Opposite Parties.
That the Opposite Parties are directed to refund the entire amount of Rs.7,50,000/-to the complainant within one month from the date of this order.
That the Opposite Parties are also directed to pay of Rs.50,000/- as compensation and Rs.10,000/- as litigation cost to the complainant within one month from the date of this order. Failing which the O.Ps are liable to pay interest @9% p.a. against the aforesaid total amount Rs.8,10,000/-from the date of default till its realization .
Let copies of this order be supply to the party/parties free of cost when applied for.
Member Member President
Dictated and corrected by me
Member
