DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

       SOUTH 24 – PARGANAS,

       AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

                C.C. CASE NO. 134  OF 2018

DATE OF FILING: 4.12.2018                    DATE OF  JUDGEMENT:  18/06/2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member         :   Jhunu Prasad               

COMPLAINANT      : Smt. Mousumi Basu, wife of Sri Govind Basu of  Kanak Villa, at E-94/1, Baghajatin, P.S Jadavpur, Kolkata-86.

• VERSUS  -

O.P/O.Ps                    :  1.  M/s Desire Agro Resorts Development Pvt. Ltd. P-85, Lake Road, P.O Sarat Bose Road, P.S Rabindra Sarovar, Kolkata-29.

                                   2. Shri Ashok Kumar Bose, son of late Amiya Kumar Bose , Managing Director of M/s Desire Agro Resorts Development Pvt. Ltd. 23, West Road, P.S Kasba, Kolkata- 75

                                  3.    Shri Paritosh Chakraborty, son of late Bankim Chakraborty of 301/1, K.K Majumder Road, Kolkata-75.

_______________________________________________________________

JUDGMENT

Sri Ananta Kumar Kapri, President

         For Failure or inability to deliver the possession of the land of the project on the part of the O.P/developers to the complainant within the stipulated period, the complainant has filed the instant case under section 12, C.P Act, 1986, alleging deficiency in service on the part of the O.P/developers.

          Facts leading to the filing of the instant case may be epitomized as follows.

          The complainant was tempted by the wide propaganda of the O.P company that a developed land would be sold and the consideration price would have to be paid through instalments of 36 months and having been so tempted, she i.e the complainant booked two plots of land i.e B4 and B5 as succinctly described in schedule to the complaint, measuring about 2 cattah 8 chittak each in the dream project “Dakshinayan II -20”. The O.P company assured the complainant to develop the land by making drains, roads, water supply and other amenities within a very short period. But, to her utter dismay and frustration the complainant came to see that no development whatsoever has been made by the O.P company to the land sought to be purchased by her. She has paid Rs.2,75,000/- by way of installments. In addition to that, registration fee and stamp duty have also been paid by her to the O.P/developer and the O.P/developers have registered the deed of conveyance in favour of the complainant. Furthermore, there has been no development of land undertaken by the O.P in terms of the agreement. So, the complainant has prayed for delivery of physical possession of the land or in the alternative ,for refund of compensation etc. Hence, this case.

              The O.P company has been contesting the case by filing written version of his statement, wherein it is contended by it that the complainant deposited the money in installments and it is ready and willing to refund the money in installments without any interest. According to it, there is no deficiency in service nor any negligence on his part and, therefore, the case should be dismissed in limini.

          Upon the averments of the parties, the following points are formulated for consideration.

                                      POINT FOR DETERMINATION

1. Are the O.Ps guilty of deficiency in service as alleged by the complainant?
2.  Is the complainant entitled to get relief of reliefs as prayed for?

  EVIDENCE OF THE PARTIES    

Petition of complaint is treated as evidence of the complainant vide his petition dated 20.3.2019. Similarly, written version filed by the O.Ps is also treated as their evidence vide their petition dated 10.4.2019.

DECISION WITH REASONS

Point no.1 & 2   :

            A scrutiny of the facts and materials as transpiring on record reveals that the O.P company has not been able to fulfill the terms and conditions of the agreement which was verbally reached by them with the complainant. It is admitted that the O.Ps have received Rs.2,75,000/-  in 36 installments from the complainant for selling a plot of land to the complainant after having made certain development works on that land. The land has not yet been developed by the O.Ps .Negligence and delay in the development of land and receiving consideration price thereof without undertaking development work is nothing but deficiency in service on the part of the O.Ps.

           It has been submitted by the complainant that he has also incurred an unnecessary expenses on payment of stamp duty and registration fee in getting the deed of conveyance registered by the O.Ps and, therefore, he has prayed for reimbursement for that amount along with compensation for harassment suffered by him  owing to non-delivery of possession of the land to him by the O.Ps. It is undisputed fact that deed of conveyance was registered in this case by the O.P. But this registration is of no avail, especially when the land remains undeveloped and the possession of the land is not delivered to the complainant by the O.Ps. So, it is found that the payment of stamp duty and registration fee by the complainant is nothing but sheer wastage. The complainant has also sustained additional expenses in the writing of the sale deed. Considering all these, it is found that the complainant has spent about Rs.10,000/- behind the registration of the deed of conveyance and the O.Ps will have to reimburse this amount to the complainant by way of compensation in addition to the money received by them from the complainant on account of the consideration price of the land. The cost of registration fee and stamp duty relates only to a single deed , a copy of which is filed on record by the complainant.

            Regards being had to all these circumstances, we are of the opinion that it will be far better to direct the O.Ps/developers to refund the consideration price received by them to the complainant with  interest.

            Ex-consequenti, the case succeeds.

            Hence,

                                                                   ORDERED

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

            The O.Ps  who shall remain jointly and severally liable for payment to the complainant, are directed to pay Rs.2,75,000/- as refund amount  and Rs.10,000/- as damage sustained by the complainant on account of unnecessary registration , to the complainant with interest @10% p.a from the respective date of payment till full realization thereof upon the refund amount  within a month of this order, failing which the refund amount , amount of damage and cost amount will bear interest @15% p.a till full realization thereof.  In case of the total awarded amount being paid to the complainant, the complainant will effect a cancellation deed in respect of the subject lands.                       

             Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.

                                                                                                                   President

I / We agree

                                                          Member

          Dictated and corrected by me

                             President