.DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. 146 OF 2019
DATE OF FILING : 28.8.2019 DATE OF JUDGEMENT: 03.01.2020
Present : President :
Member(s) : Jhunu Prasad & Jagadish Ch. Barman
COMPLAINANT : Mr. Manas Kumar Datta, son of Brojogopal Datta of 10/5, Central park, Flat no.3B, Jadavpur, Kolkata-32.
O.P/O.Ps : 1. M/s Sampark Land Developers Private Limited, 22A, Anil Roy Road, P.S Rabindra Sarabar, Kolkata – 700 029, represented by
a) Om Prakash Tulsian
b) Sk. Mokbul Hossain
2. Om Prakash Tulsian
3. Sk. Mokbul Hossain
Both of 22A, Anil Roy Road, P.S Rabindra Sarabar, Kolkata-700 029.
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J U D G M E N T
JHUNU PRASAD, MEMBER
Treating the complainant as a Consumer, under C.P. Act 1986, the complainants have sought for interference of this Forum in respect of the facts and circumstances as complained of.
In diminutive, the case of the complainant is that the O.Ps being developers of a project named “Baruipur Bloom Field “entered into a sale agreement dated 29.6.2012 with the complainant and thereby agreed to sale a plot of land as succinctly described in Schedule B to the complaint for a total consideration price of Rs.8,40,000/-. Complainant paid Rs.2,52,000/- as earnest money and the balance consideration price of Rs.5,88,000/- was to be paid by 48 equal monthly installments of Rs.12,250/- each , the first of which was payable in the month of April, 2012 and thereafter by every month till March, 2016. Thus, the complainant paid Rs.6,93,000/- in total to the O.Ps, but the O.Ps made no development of the land and, therefore, the complainant stopped payment of installments. Repeated requests of the complainant to hand over possession of the case plot to the O.Ps ended in smoke. Now, the complainant has prayed for refund of Rs.6,93,000/- with interest thereon and compensation etc. Hence, the case.
The O.Ps entered appearance in this case; but, thereafter they did not file any written version of their statement. Hence, the case is heard exparte against them.
Upon the averments of the parties following points are formulated for consideration.
POINTS FOR DECISION:
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES:
At the time of the argument the complainant has filed evidences on affidavit along with photocopies of the documents relied upon by him. All these are kept in the record for consideration.
DECISION WITH REASONS:
The complainant has stated on affidavit that he made an agreement for sale on 29.6.2012 with the O.Ps and that the O.Ps agreed to sell the land for a total consideration price of Rs.8,40,000/- . It is also stated by him that he has paid Rs.6,93,000/- to the O.Ps byEMIs including the earnest money. The project was to be completed within 2015. The complainant made several visits to the project site and came to find that no development whatsoever had been made by the developers. Last visit was made by him on January, 2018 and he found no sign of development on the plot of land by the developers. So, he has prayed for refund of consideration money paid to the O.Ps. All these are transpiring in the evidence of the complainant and these unchallenged evidences go to establish that the developers have not acted in terms of the agreement made by them with the complainant. It goes to establish that the developers have failed to fulfill their obligations in terms of the sale agreement dated 29.6.2012. Inability to fulfill the terms of the agreement is undoubtedly an act of deficiency in service on the part of the developers. The complainant is entitled to get refund of the money paid by him to the developers.
The complainant is also entitled to get the return of the money paid by him by virtue of Clause 5 of Sale Agreement. Clause 5 of the Sale Agreement makes it clear that if the vendors fail to do the development work; in that event, the vendor will return all the amounts paid by the purchaser to him along with 12% interest p.a to the purchaser on all amounts as paid by the purchaser from the date of its receipt. Fact also remains that the complainants on several times sent letters to the O.Ps to withdraw the said fixed deposit amount, but the O.Ps intentionally and deliberately ignored to refund the amount of the complainants, which tantamount to deficiency of service within the purview of section 2(i)(g) of C.P. Act 1986.
Moreover, all the allegations made by the complainant are unchallenged, though, the O.Ps got chance to contest and to refute the same by filing written version before the Forum, but the O.Ps deliberately failed to do the same. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complainant.
So, in light of the above observation and relying upon the aforesaid and circumstances, we are inclined to hold that the O.Ps are liable to refund total fixed deposit amount of Rs. 6,93,000/- with 12% interest upon the total amount.
Therefore, the Forum has no hesitation to hold that the complainants have successfully proved their case and are entitled to get reliefs as prayed for and consequently the points for determination are decided in affirmative.
In short, the complainants deserve success.
Hence,
It is
ORDERED
That the complaint be and the same is allowed ex-party against the O.ps with cost of Rs.5,000/-.
That the O.Ps are directed, who will remain jointly and severally liable to make payment of Rs.6,93,000/- to the complainant with interest @12% p.a as agreed upon between the parties to be paid from the date of acceptance of the respective amounts till full realization thereof.
The O.Ps are also directed, jointly and severally, to pay a sum of Rs. 50,000/- as compensation for price hike of land, mental anguish and harassment of the complainant within a month of this order, failing which, the compensation amount and the amount of cost 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.
Member Member
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint be and the same is allowed ex-party against the O.ps with cost of Rs.5,000/-.
That the O.Ps are directed, who will remain jointly and severally liable to make payment of Rs.6,93,000/- to the complainant with interest @12% p.a as agreed upon between the parties to be paid from the date of acceptance of the respective amounts till full realization thereof.
The O.Ps are also directed, jointly and severally, to pay a sum of Rs. 50,000/- as compensation for price hike of land, mental anguish and harassment of the complainant within a month of this order, failing which, the compensation amount and the amount of cost 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.
