West Bengal

South 24 Parganas

CC/359/2015

Smt. Susmita Basak, W/O Sri Dilip Basak. - Complainant(s)

Versus

1. M/S. Desire Agro Resorts Development Pvt.Ltd. - Opp.Party(s)

Gautam Sarkar.

27 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _359_ OF ___2015_

 

DATE OF FILING : 7.8..2015                      DATE OF PASSING JUDGEMENT:  27.4.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Subrata Sarkar

                                                                             

COMPLAINANT        :    Smt. Susmita Basak, w/o Sri Dilip Basak of Vill-M.K Road, P.O & Dist. Malda, P.S. English Bazar, Pin-732101

 

•  VERSUS  -

 

O.P/O.Ps                            :  M/s Desire Agro Resorts Development Pvt. Ltd. P-85, Lake Road, Kolkata-29.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Udayan Mukhopadhyay, President

The short case of the complainant is that  being attracted by the advertisement intimating to sale different plots in the Sonartori Project Complex, complainant booked four plots by making payment of booking amount i.e. for plot no.231  Rs.39000/- dated 9.7.2007,.  Plot no.232  Rs.39000/-   dated 9.7.2007, Plot no.237 Rs.22000/- dated 9.7.2007, Plot no. 238  Rs.24000/- dated 9.7.2007 and thereafter complainant continued the payment by installment to the O.P for purchasing those four plots as per norms of the said project . Accordingly deed of conveyance was executed by the O.P on  28.2.2008 for those four plots in “Sonartari Project” .It has further stated that in terms of clause no. 1 & 2 of every deed of agreement the consideration money and cost of development have been paid i.e. for plot no.231 Rs.1,95000/-, plot no.232 Rs.1,95000/-, plot no.237 Rs.1,10,000/-, plot no.238 Rs.1,20,000/- . It has further stated that in view of clause no. 6 of the said deed of agreement it is stated that if the purchaser pays total amount of consideration money and the development cost to the first part/O.P, the said land will be developed and handed over to the purchaser and proper deed of conveyance will be executed. It has also mentioned in clause no.10 that upon completion of the development work the O.P shall hand over the plots to the purchaser within three/five years from the date of execution of the deed of agreement. Complainant has claimed that he has paid total consideration money along with development cost amounting to Rs.1,95,332/- for plot no.231, Rs.1,95,000/- for plot no.232,  Rs.1,10,000/- for plot no.237 and Rs.1,20,000/- for plot no.238 . As per instruction of the O.P the complainant also paid registration charges for those four plots to the O.Ps . Thereafter complainant tried to get physical possession of the four plots and also execute and register the deed of conveyance in her favour  but O.P although assured to do the same as early as possible preferably before Puja 2014 but sicne then no response is received from their end. Hence, this case.

Inspite of serving  the O.P did not enter appearance ,even after paper publication. Hence, the case is proceeding against the O.P in exparte.

Point for decision is whether there is any deficiency in service or unfair trade practice on the part of the O.P  or not.

                                                Decision with reasons

From the series of documents i.e. money receipts and agreement for sale we find that complainant already paid the entire money for the four plots but inspite of assurance and in terms of the agreement the O.P violated the same. Hence, the O.P is found not acted in terms of the agreement for sale and no service was provided inspite of receipt of series of money for four plots. Thus, we find that O.P has acted deficiency in service and unfair trade practice.

Hence,

                                                            Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in exparte against the O.P.

The O.P is directed to execute and register the deed of conveyance in favour of the complainant of those four plots as well as deliver possession of those four plots within 30 days from the date of this order ,failing which, complainant may approach this Bench for execution and registration of the deed of conveyance though machinery of the Forum and at that time necessary direction will be given to the concerned police authority to see that possession of the said four plots have to be given to the complainant.

The O.P is further directed to pay compensation to the tune of Rs.50,000/- and litigation cot of Rs.2000/- within that period ,failing which, interest will carry @9% p.a till its realization.

The O.P is directed to deposit Rs.10,000/- to the fund of Consumer Legal Aid ,South 24-Parganas within that period for his unfair trade practice.

If the O.P failed to comply the above directions, complainant is at liberty to execute the order through this Forum.

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

 

Member                                               Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

                                                           

Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in exparte against the O.P.

The O.P is directed to execute and register the deed of conveyance in favour of the complainant of those four plots as well as deliver possession of those four plots within 30 days from the date of this order ,failing which, complainant may approach this Bench for execution and registration of the deed of conveyance though machinery of the Forum and at that time necessary direction will be given to the concerned police authority to see that possession of the said four plots have to be given to the complainant.

The O.P is further directed to pay compensation to the tune of Rs.50,000/- and litigation cot of Rs.2000/- within that period ,failing which, interest will carry @9% p.a till its realization.

The O.P is directed to deposit Rs.10,000/- to the fund of Consumer Legal Aid ,South 24-Parganas within that period for his unfair trade practice.

If the O.P failed to comply the above directions, complainant is at liberty to execute the order through this Forum.

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

 

 

 

Member                                               Member                                                                       President