DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __58_ _ OF ___2018

DATE OF FILING :_11.5.2018         DATE OF PASSING JUDGEMENT:  18.9.2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker   

COMPLAINANT   :                 Mrs. Sandhya Das, wife of Basudev Das of P-30, Nilachal Complex, Phase-II, Post Office- Narendrapur, P.S Sonarpur, Kolkata – 103.

•  VERSUS  -

O.P/O.Ps                    : 1. M/s ABS Land Development and Construction Private Limited. At 13/B, Jatin Das Road, P.S Tollygunge, Kolkata-29.Represetned by its Directors

                                    2.   Sri Tapan Ghosh

                                    3.   Sk. Mokbul Hossain,

                                    Both of 13/B, Jatin Das Road, P.S Tollygunge, Kol-29.

_______________________________________________________________________

                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

                Issue of a false cheque by the O.Ps in favour of the complainant in order to refund the money received by them from the complainant has galvanized the complainant to file the instant case under section 12, C.P Act, 1986 ,praying for refund of money compensation etc.

                The facts leading to the filing of the instant case may be reproduced as follows.

                The O.Ps engaged in Real Estate Business  agreed to sell a plot of land to the complainant for a total consideration price of Rs.2 lac. The consideration price was also paid in full to the O.Ps and a MOU was also effected between the parties on 21.11.2009. It was agreed by the parties in the MOU that the O.Ps would deliver the possession of the plot in developed form within November 21, 2015 and if it was not possible for the O.Ps, the O.Ps would take return of the land from the complainant on payment of settled amount i.e Rs.4,16,000/- to the complainant in addition to Rs.2 lac already received by the O.Ps from the complainant. Since then, many a water has flown down the Ganges; but the O.Ps have not delivered the possession of the said land to the complainant within the time stipulated in the MOU, nor have they been able to execute and register the sale deed in respect of the said land in favour of the complainant. So, the complainant has prayed for return of the settled amount as mentioned above along with Rs.2   lac which has been paid by her to the complainant. The O.Ps also issued a cheque dated 3.6.2017  for the amount of Rs.2,07,500/-  in favour of the complainant. But the said cheque was a mere eye wash; it was dishonoured as the O.Ps had no fund in their account to satisfy the payment of cheque. So,the instant case is filed by the complainant ,praying for refund of the said amount, compensation etc. Hence, arises the instant case.

                In the instant case, notice of the case has been served upon the O.Ps vide postal track report kept in the record. But the O.Ps did not turn up to contest the case and, therefore, the case is heard exparte against them.

                The complainant has filed affidavit in chief which is also kept in the record for consideration.

DECISION WITH REASONS

               It is to be seen now whether the O.Ps have made themselves guilty of deficiency in service by not making refund of the amount to the complainant. A copy of MOU is filed herein by the complainant and on perusal of Clause 3 of the said MOU, it is revealed that the developer/O.Ps agreed to pay the settled amount i.e Rs.4,16,000/- to the complainant along with Rs.2 lac to her if they could not deliver the possession of the land to the complainant within that period . The term of this agreement was also accepted by the O.Ps and, therefore, the O.Ps also issued a cheque of Rs.2,07,500/- in favour of the complainant as part payment of the money due to the complainant. The said cheque has been dishonoured as stated by the complainant. We have nothing to disbelieve the version of the complainant and the evidence adduced by the complainant remains unchallenged and uncontroverted.

              Regards being had to all the unchallenged and uncontroverted evidence of the complainant, we are of the opinion that the complainant is entitled to get the settled amount i.e Rs.4,16,000/- from the O.Ps and also Rs.2 lac which was paid by her to the O.Ps.

              In the result, the case succeeds .

               Hence,

ORDERED

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

             The O.Ps, who will remain jointly and severally liable to make payment to the complainant, are directed to pay Rs.6,23,500/- to the complainant and also to pay a sum of Rs.50,000/- as compensation for harassment and mental  suffering caused to the complainant by the O.Ps, for default in terms of the agreement on their part, within a month of this order, failing which the above amounts including the cost amount will bear interest @10% p.a till full realization thereof.

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

                                                                                                                   President

I / We agree

                              Member                                             

Dictated and corrected by me

                       President