DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __  43_ _ OF ___2018

DATE OF FILING : 10.4.2018         DATE OF PASSING JUDGEMENT:  21.8.2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker   

COMPLAINANT   :             Dr. Pratiti Panchanan, wife of Dr. Santanu Sahu of P.O Inda, Kharagpur, Dist. Paschim Medinipur, Pin-721 305 and now residing at C/o. P.L. Guhathakurata, GC-149, Sector-III, Salt Lake City, Kolkata – 106.

•  VERSUS  -

O.P/O.Ps                    :  1. Golden Point Land Con. Pvt. Ltd. Service through Director at 131/1, Satyen Roy Road, P.S Behala, Kolkata-34.

                                     2.   Sri Sabir Pailan, son of Sri Akkash Ali Pailan , Managing Dirtector, having its office at 131/1, Satyen Roy Road, P.S Behala, Kolkata-34 , now residing at 117, Diamond Harbour Road, (opposite Mandal Para), Joka, P.S Thakurpukur, Kolkata.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

             The quaintessential facts leading to the filing of the instant case by the complainant are that the complainant wanted to purchase a developed plot of land and during the course   of search of such a land, she came in contact with the O.P-2 who is Director of O.P-1. A Sale Agreement was struck on 5.7.2012 between the complainant and O.P-2 and thereby the O.P-2 agreed to develop and sell a plot of land succinctly described in schedule to the agreement, to the complainant in his dream child project “Puspa Kunja” for a total consideration of Rs.10,50,000/-.  A sum of Rs.7,17,500/- is paid on different dates by the complainant as a part payment of consideration price. O.P-2 agreed to develop and deliver the physical possession of the said land of the project and also to execute and register the deed of conveyance in favour of the complainant within 36 months of the date of execution of the sale agreement. But the possession of the land was not delivered to the complainant ,nor the deed of conveyance was registered in favour of her. Repeated requests to O.P-2 for possession of land and registration of deed of conveyance also ended in fiasco. Now, the complainant prays for refund of Rs.7,17,500/- with interest @18% p.a till full realization thereof and also for a sum of Rs.2 lac as compensation for harassment and mental agony etc. Hence, the case.

             The presumption of service of notice of the case upon the O.Ps has been drawn. The O.Ps have not made their appearance in the case and ,therefore, the case is heard exparte against them.

             The petition of complaint is treated as evidence of the complainants vide his petition dated 27.7.2018.

DECISION WITH REASONS

           In the instant case, the complainant has filed a copy of Sale Agreement dated 5.7.2012 and also the copies of money receipts ,whereby she has paid money from time to time  to O.P-2.  A perusal of the sale agreement reveals that the O.P-2 agreed to develop and deliver the possession of the land in his dream project to the complainant within  36 months  from the date of the agreement. The agreement was executed on 5.7.2012. O.P-2 has not been able to deliver the possession of the land to the complainant as yet and it has been so stated by the complainant in the petition of complaint which is treated as her evidence. O.P-2 is found to be a defaulter in terms of the agreement reached between the complainant and him and, therefore, he is bound to refund the money received by him from the complainant, with interest . The copies of money receipts filed herein also go to establish that complainant has paid Rs.7,17,500/- to O.P-2 and she is entitled to get back this amount from the O.P-2.

            In the result, the case succeeds and the order is passed accordingly as hereunder.

               Hence,

ORDERED

             That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/-.

             The O.Ps, who will remain jointly and severally liable to the complainants, are directed to return Rs.7,17,500/- to the complainant with interest @12% p.a from the date of respective payment to the date of full realization thereof.

           The aforesaid amounts are to be paid by the O.Ps to the complainant within a month of this order, failing which, the complainant is at liberty to recover the said amounts b y execution of this award through the instrumentality of the Forum.  

            No amount is awarded to the complainant on account of compensation for harassment and mental agony in view of the facts and circumstances of the case.

         Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                          Member                                                Member     

Dictated and corrected by me

                           President