West Bengal

South 24 Parganas

CC/71/2016

Smt. Rita Sarkar, Wife of Sri Asis Kumar Sarkar. - Complainant(s)

Versus

1. M/S. ABS Land Development and Construction Pvt. Ltd. - Opp.Party(s)

Dipak Ranjan Mukherjee.

27 Feb 2017

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _71_ OF ___2016_

 

DATE OF FILING : 18.7.2016                       DATE OF PASSING JUDGEMENT:  27.02.2017

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Sharmi Basu  &   Subrata Sarker

                                                                             

COMPLAINANT              :   Smt. Rita Sarkar,w/o Sri Asis Kumar Sarkar of Ekta Heights, Block-I, Flat 6A, 56, Raja S.C. Mullick Road, Kolkata – 700 032.

 

• VERSUS  -

 

O.P/O.Ps                                :  1. M/s ABS Land Development Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Ballygunge, Kolkata – 29

                                                    2.     Mr. Tapan Ghosh, Managing Director, ABS Land Development & Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Ballygunge, Kol-29

                                              

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                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

            This is the  short case of the complainants  that  an agreement for sale was executed on 24^th September, 2005  between the O.P-1 and the complainants for purchasing  plot being no.193   measuring an area of little more or less 3600 sq.ft   lying and situated at Dist. South 24-Parganas under the project “Green Valley”, Phase I within P.S. Bishnupur –I, Kulardharu G.P, Mouza Debipur, J.L. 88, Khatian No.175, District. South 24-Parganas , at a total consideration of Rs.2,30,000/-. It has contended by the complainant that total consideration money already paid as per agreement . But inspite of several communications for delivery of possession of the plots to the complainants, nothing was done for which complainants lost his faith in respect of the plot of the O.Ps . Hence this case with a prayer to pass necessary direction upon the O.Ps jointly and/or severally to deliver khas possession and to execute and register the deed of conveyance in respect of the plots or to issue direction upon the O.Ps jointly and/or severally to deliver khas possession , execute and register the deed of conveyance in favour of the complainant in respect of the plot or to refund the value of the plot along with 18% interest from 22.10.2008  and also prays for compensation of Rs.1,00,000/- and litigation cost of Rs.2o,000/-.

            The O.Ps,did not appear and  file written version ,for which the case is proceeding in exparte against them.

 

            Points for decision in this case is whether there is any deficiency in service and unfair trade practice on the part of the O.Ps or not.

                                                                        Decision with reasons

             We have gone through the agreement for sale along with the money receipts and we find that there is no dispute that O.Ps were agreed to sell  plots mentioned in the agreement for sale to the complainants but the said plots were not handed over to the complainant. It is true that there is specific date to hand over the plot in dispute but fact remains that there is least possibility to hand over the plots ,for which complainants rightly made alternative prayer for refund of full consideration money with interest. We find nothing to disbelieve the case of the complainant and the same is allowed and it is just and proper to accept the alternative prayer i.e. refund of the full consideration money with interest from the date of filing the case till realization, otherwise it would be very difficult for the complainant to get the plots as per agreement for sale from this type of O.Ps who have no faith upon the agreement made by them and in order to grab the money and to sell the said plot in higher price to others, the amount is collected  from the complainant  which is unfair trade practice and deficiency of service on the part of the O.Ps.

 

            Hence,

                                                                        Ordered

That the application filed under section 12 of the C.P Act is allowed in exparte against the O.P nos. 1 and 2 with cost of Rs.10,000/- ,which will be borne by the O.P nos. 1 and 2 jointly and/or severally.

All the O.Ps are directed jointly and/or severally to refund the entire consideration money of Rs.2,30,000/- along with interest @8% p.a from 21.10.2008 to till its realization.

The O.Ps are further directed to pay jointly and/or severally compensation to the tune of Rs.50,000/- to the complainant within 30 days from the date of this order.

All the payments should be made within 30 days from the date of this order, failing which, complainant is at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

 

            Member                                   Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

 

 

 

               

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,                 

 

           

                                                                                    Ordered

That the application filed under section 12 of the C.P Act is allowed in exparte against the O.P nos. 1 and 2 with cost of Rs.10,000/- ,which will be borne by the O.P nos. 1 and 2 jointly and/or severally.

All the O.Ps are directed jointly and/or severally to refund the entire consideration money of Rs.2,30,000/- along with interest @8% p.a from 21.10.2008 to till its realization.

The O.Ps are further directed to pay jointly and/or severally compensation to the tune of Rs.50,000/- to the complainant within 30 days from the date of this order.

All the payments should be made within 30 days from the date of this order, failing which, complainant is at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

 

Member                                             Member                                                                         President