DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __98_ _ OF ___2019
DATE OF FILING :_23.7.2019 DATE OF PASSING JUDGEMENT: 21.11.2019
Present : President : Ananta Kumar Kapri
Member(s) : Jagdish Chandra Barman
COMPLAINANT : Md. Asif , son of late Md. Shafique Ahmed of 12/A, Shamsul Huda Road, P.S Karaya, Kolkata-17.
O.P/O.Ps : 1. M/s. D.K Land Development & Construction Pvt. Ltd.at 617A, D.H Road, Kadamtala Bazar, Kolkata-63.
2. Mr. Asit Pramanik, Director of M/s. D.K Infra Projects (India) Limited and having residential address at Ramnagar Mondal Para, Khagramani, Bishnupur, South 24-Parganas, pin-743313.
3. Ms. Dipali Pramanik, Director of M/s. D.K Infra Projects (India) Limited and having residential address at Ramnagar Mondal Para, Khagramani, Bishnupur, South 24-Parganas, pin-743313.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The facts leading to the filing of the instant case by the complainant may be epitomized as follows.
One agreement for sale dated 24.5.2013 was executed by and between the complainant and the O.Ps and thereby the O.P agreed to sell a developed plot of land measuring 5 cattahs in the housing project “Garden City” of the O.Ps for a total consideration price of Rs 3,75,000/- . Complainant paid Rs.2,58,750/- . Project work was to be completed by the year 2017. No tangible work was accomplished by the O.P in respect of their project. Complainant was completely hoodwinked by the O.Ps and , therefore, the complainant has filed the instant case , praying inter alia for passing an order directing the O.P to hand over the land or in the alternative, to pay the present market price of the land along with compensation etc. Hence, this case.
Notice of the case has been served upon the O.Ps vide postal track report kept in the record. But the O.Ps have not turned up to contest the case and, therefore, the case proceeds exparte against them.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service and unfair trade practice as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Petition of complaint is treated as evidence of the complainant vide his petition dated 18.11.2019.
DECISION WITH REASONS
Point no.1 & 2 :
Complainant has filed the Xerox copy of general terms and conditions relating to the Dream Project of the O.Ps and also the Xerox copies of the cash memo to prove the payment of money to the O.Ps. He has also stated in his petition of complaint, which is treated as his evidence, that he has paid Rs.2,58,750/- in aggregate to the O.Ps on different dates. According to him, the O.Ps made him believe that the possession of the plot would be delivered within 36 months of the date of construction of tower. But, nothing has been done in respect of the project work by the O.Ps. All these testimonies of the complainant go unchallenged and unrebuted and there is nothing to disbelieve this evidence of the complainant.
Now, it is found that the complainant has paid Rs. 2,58,750/- to the O.Ps for purchasing a plot of land in the Dream Project of the O.Ps . This money as received by the O.Ps has not been returned to the complainant. Instead of returning the money, the O.Ps have also dropped their project. All these facts go a long way to expose the real character of the O.Ps. It is evident on record that the developers like the O.Ps have discovered a new device to extort money from the innocent public. They issue false advertisement for developing the land and also for selling flats to the public and the public having been attracted by the pomp, splendor and gewgaws of the advertisement make payment to the O.Ps for purchasing the flat. In this way, the developers collect money from the members of general public, although they do not have any intention to provide flat or land to the public. Their intention is nothing but to fleece away money from the public and to become enriched upon that money. This is a business of deception practised by some of the developers and the instant O.Ps belong to that category. They have collected money from the complainant having allured him to provide a well developed plot of land within the stipulated time. But, they have not developed the land upon which flats were to be constructed. Their advertisement in the form of general terms and conditions are false advertisement and with this kind of false advertisement they have snatched AWAY money from the general public. This is surely an unfair trade practice as well as deficiency in service on the part of this type of white collar criminal like the O.Ps. The complainant is entitled to get back the money paid to the O.Ps and the O.Ps will have to return the same with compensation.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/- .
All the O.Ps are directed to refund Rs. 2,58,750/- to the complainant with interest @10% p.a from the date of last payment i.e 12.11.2014 till full realization thereof.
The complainant has certainly suffered a huge monetary loss due to appreciation of value of land and, therefore, he is awarded with compensation of Rs.3 lac on this count to be paid by the O.Ps to him.
The O.Ps are also directed to pay a sum of Rs. 1 lac as compensation for physical and mental harassment and agony sustained by the complainant.
All the amounts as referred to above are to be paid within a month of this order ,failing which the compensation amounts will bear interest @10% p.a till full realization thereof.
Let a certified copy of this order be given to the parties concerned free of cost at once by the Register-In-Charge of this Forum..
Member Member President
Dictated and corrected by me
President
