14....22.04.2021....
The complainant is present.
Today is fixed for delivery of final order. Final Order containing five pages is ready.
It is sealed, signed and delivered in open Forum/Commission.
Fees paid are correct.
Hence,
Ordered
That the case be and the same is hereby allowed exparte against the O.Ps. with cost of Rs.10,000/-.
The 0.Ps.arejointly and severally directed to pay the complainant the amount of Rs.9,27,500/- (Rupees nine lakhs twenty seven thousand and five hundred) along with simpleinterest @ 12 % p.a. w.e.f. 20.12.2014 ( day after the last payment) till the date of realisation by sixty days from the date of this order.The O.Ps.are also directed to pay Rs.5,000/- onlytowards cost of litigation to the complainant within 60 days from the date of this order. www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 219 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
27.12.2019 13.01.2020 22.04.2021
Present : President : Asish Kumar Senapati
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : Mrs. Baijayanti Ghosh
W/o – Sunil Kumar Ghosh
Of 4/3, HarinathSen Road, Dakshinpara, P.O. & P.S. – Barasat, District - North 24-Parganas, Pin – 700 124.
Versus
O.P/O.Ps : 1. Golden Point Land Con. Pvt. Ltd.,
131/1, Satyen Roy Road, P.O. – Behala,
Kolkata – 700 034.
2. SabirPailan,
S/o. Akkash Ali Pailan,
131/1, Satyen Roy Road, P.O. – Behala,
Kolkata – 700 034.
Residing at 117, Diamond Harbour Road,
(Opposite Mondal Para), Joka,
P.S. - Thakurpukur,Kolkata-104
________________________________________________________________________
Smt. Sangita Paul, Member
This is a case filed by Mrs. Baijayanti Ghosh (hereinafter referred to as the Complainant) against Director, Golden Point Land Con. Pvt. Ltd. and Shri Sabir Pailan, Managing Director of the said Company with a claim for direction to the O.Ps. to pay Rs. 16,33,512/-(Rupees sixteen lakhs thirty three thousand five hundred and twelve) only along with an interest @ 12% till the date of realisation of the amount and pay Rs.2,00,000/- (Rupees two lakhs) as compensation and litigation cost of Rs.30,000/- (Rupees thirty thousand) only.
Golden Point Con. Pvt. Ltd. is a company. It sells plots of land and these plots of land are delivered to the purchaser till habitable condition.
The complainant, by filing the case states that she made an agreement on 20.07.2012 with Golden Point Land Con. Pvt. Ltd. for purchasing a plot of land, being Plot No. 17 measuring about 05 Cottah situated at Pushpa Kunja Township Project. The plot of land is under AshutiII Gram Panchayet, Touzi No. 29, J.L. No.40, Khatian No.168, Dag No.138 under Mouza Kaalagachia, P.S. Maheshtala, District South 24 Parganas. The land measured 05 Cottah which consists of 20 ft. wide road at the North, the road is at the South of Plot No. 13 and East of Plot No. 18. There is 25 ft. wide road at the West. The total consideration money is Rs. 10,50,000/- (Rupees ten lakhs fifty thousand) only.
It was decided that the land would be handed over to the intending purchaser after the completion of developmental work and construction work. Complainant states that the O.Ps. are unable to execute the Sale Deed. Several requests were made on behalf of the complainant for taking steps. Complainant paid a sum of Rs.9,27,500/- (Rupees nine lakhs twenty seven thousand and five hundred) only. Initially, the complainant paid Rs. 10,000/- (Rupees ten thousand) on 05.07.2012 vide Bill No.2263 again on 20.07.2012 complainant paid Rs.4,10,000/- (Rupees four lakhs ten thousand) only vide Bill No.23 and the remaining amount of Rs.5,07,500/- (Rupees five lakhs seven thousand and five hundred) was paid him in 29 equal instalments. He paid Rs.17,500/- (Rupees seventeen thousand five hundred) only in each instalment.
In spite of making the payments, the company is unable to execute the sale deed within the schedule time. Several attempts were made by the complainant so that the O.Ps. execute the Sale Deed but the said company is unable to take steps. Complainant requested the O.Ps. to hand over the schedule plot to complainant. The O.P. failed to do so till the institution of complaint. As the complainant failed to get the return of the amount spent she made requests to refund the money with interest. The O.P. informed that due to some inconvenience they had not handed over the possession of the land. As the complainant wanted to refund the money spent ,the O.Ps. undertook to refund the money with interest by November, 2016. The O.Ps. issued a letter to the complainant on 02.10.2016 wherein they admitted to refund the amount paid by company.
The O.Ps. issued a cheque amounting to Rs.1,71,588/- (Rupees seventeen thousand five hundred and eighty eight) only on 31.12.2016 in favour of complainant but the cheque was returned with endorsement “In sufficient fund”.
The O.P. failed to execute and register Sale Deed. They also failed to refund money. On 08.11.2016, the O.Ps. issued a letter in favour of complainant promising to refund the advance money with interest within 8 months from the date of issue. In the letter dated 20.10.2016 and 08.11.2016, the O.Ps. promised to pay the complainant Rs.13,72,700/- (Rupees thirteen lakhs seventy two thousand and seven hundred) only.
The cause of action arose on and from 20.07.2012 and it is still continuing. Several correspondences were made to get the money back but the O.Ps. did not do anything as per terms and conditions of the agreement for sale.
The complainant prayed for issuing directions to the O.P.s to pay Rs.16,33,512/- (Rupees sixteen lakhs thirty three thousand five hundred and twelve) only along with an interest @ 12% p.a. till the date of realisation of the total amount, to pay Rs. 2,00,000/- (Rupees two lakhs) only as compensation and to pay Rs.13,000/- (Rupees thirteen thousand) as litigation cost.
Notice was sent to the O.Ps. but the envelopes were returned with endorsement “Left”. On 02.09.2020 the complainant prayed for paper publication. He is allowed to publish a legal notice through Bengali News Paper “Sanghbad Pratidin” on 13.10.2020. O.Ps. failed to turn up and contest the case. As a result, the argument was heard exparte against the O.Ps.
Points of Consideration
- Is the complainant a consumer ?
- Are the O.Ps. guilty of deficiency of services and unfair trade practice ?
- Is the complainant entitled to get relief or reliefs, as prayed for ?
DECISION WITH REASONS
On perusal of the records and the documents, it is evident that complainant paid Rs.9,27,500/- (Rupees nine lakhs twenty seven thousand and five hundred) only on different dates.The payment was made in cheque to the O.Ps. for a plot measuring 5 cottahs under Ashuti II Gram Panchyat, MouzaKalagachia, P.S. Maheshtala, District South 24 Parganas, West Bengal.The Plot is situated at Touzi No. 29, J.L. No.40, Khatian No.168, Dag No.138.The O.Ps. issued money receipt in favour of complainant.The Complainant was an intending purchaser. So it is clear that complainant is a consumer under Section 2(d) C.P. Act 1986.The O.Ps.did not do anything like execution and registration of the Sale Deed of the said plot of land.The plot was to be delivered to the purchaser within 36 months from the date of agreement.As per agreement, the O.Ps.will bear all the costs to provide the amenities such as supply of electricity, supply of Arsenic free water & drinking water, sewage and drainage system within the stipulated time.They will also bear the cost to provide high poles barbed warps etc.Nothing of the sort has been done so far.No civic facilities were provided at the time of payment.The O.Ps. did not comment on anything.The O.Ps. received the amount but at the time of execution and registration of the Deed of conveyance, the O.Ps. expressed their inability to hand over the schedule plot in question to complainant. Rather they informed through letters dated 02.10.2016 and 08.11.2016 that due to some legal limitation they are unable to provide the schedule plot but they would repay the amount with interest.But not a single penny was transferred to the Account of complainant.A Cheque were issued on 31.12.2016. amounting Rs. 1,71,588/- but the same was dishonoured due to insufficient fund.There was an endorsement that “payment stopped by drawer”.All the cheques were returned.Hence, there is certainly deficiency of service and unfair trade practice as per Section 2(r) of the C.P. Act 1986.Complainantpaid Rs. 9,27,500/-.She hoped to get a plot of land for constructing a house but the Deed of conveyance was not executed in the name of complainant. Her dreams were shattered. The OPs admitted that they would refund the amount but of no effect.The O.Ps. did not pay any heed to the complainant’s request. Neither the complainant get the schedule plot nor the amount spent by her.She spent time in mental pain and agony.The complainant was harassed by the O.Ps.
The O.Ps.did not turn up after getting the notice by the District Consumer Dispute Redressal Commission.Even after paper publication, they did notturn up.So the complaint remains unchallenged.The attitude of the O.Ps.was to deceive the consumer.In our considered opinion, the OPs have deficiency in service as they failed to perform their obligation in terms of the agreement dated 20.07.2012. As per clause 3 of the agreement 20.07.2012 the Vendor is to repay the entire paid amount along with 18% interest from the date of agreement to till the date of refund but the complainant claimed interest @12% p.a. Therefore, the complainant is entitled to get back his entire advance amount of Rs. 9,27,500/-along with interest @12% p.a. w.e.f. 20.12.2014 ( day after the last payment) till the date of full payment. The Complainant is also entitled to get Rs.5,000/- as litigation cost against the Ops.
In the result, the complaint case succeeds.
Fees paid are correct.
Hence,
- ORDERED
That the case be and the same is hereby allowed exparte against the O.Ps. with cost of Rs.10,000/-.
The 0.Ps.are jointly and severally directed to pay the complainant the amount of Rs.9,27,500/- (Rupees nine lakhs twenty seven thousand and five hundred) along with simpleinterest @ 12 % p.a. w.e.f. 20.12.2014 ( day after the last payment) till the date of realisation by sixty days from the date of this order. The O.Ps.are also directed to pay Rs.5,000/- onlytowards cost of litigation to the complainant within 60 days from the date of this order.
Let copy of the order be sent/supplied free of cost to the parties concern.The final order will also be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
