18...22.11.2021..
Today is fixed for delivery of final order. Final order containing six pages is ready.
It is sealed, signed and delivered in open Forum/Commission.
Fees paid are correct.
Hence,
ORDERED
That the complaint case be and the same is hereby allowed ex-parte against the O.Ps. with litigation cost of Rs. 20,000/-. The O.Ps. are directed to refund the amount of Rs. 6,70,826/- received by them with simple interest @ 6% p.a. with effect from 26.09.2016 till realization within a period of 60 days from the date of this order. The O.Ps. are also directed to pay Rs. 50,000/- for deficiency in service and mental pain and agony to the complainant by sixty days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 01 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
14.01.2020 22.01.2020 22.11.2021
Present : President : Asish Kumar Senapati
Member : Jagadish Chandra Barman
Member : Sangita Paul
COMPLAINANT : Smt. Rupali Sengupta, W/O – Abhijit Sengupta, 56, Rananganathpur Colony, MANGALIK APARTMENT, P.S. – Thakurpukur, Kolkata – 700 63.
Versus
O.Ps. 1. M/s Suchana Developers Pvt. Ltd, Nu-Mans Park, Pailan, P.S. – Bishnupur, Kolkata – 700104.
2. Sri Pradip Das, S/o – Sri Nirmal Chandra Das, Managing Director and Representative of M/s Suchana Developers Pvt. Ltd, Nu-Mans Park, Pailan, P.S. – Bishnupur, Kolkata – 700104.
Sri Asish Kumar Senapati, President
This is a consumer complaint U/s 35 of the C.P. Act, 2019.
One Smt. Rupali Sengupta (hereinafter referred to as the complainant) filed the case against M/s Suchana Developers Pvt. Ltd & another (hereinafter referred to as the O.Ps), praying for delivery of possession of the scheduled property or to refund the deposited amount with interest @ 18% p.a., compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/- from the O.Ps.
The sum and substance of the complaint is as follows:
The complainant entered into an agreement with the O.Ps. on 20.09.2013 for purchase of a plot of land in township project of the O.Ps. for a consideration of Rs. 7,00,000/- and she paid Rs. 3,50,000/- at the time of execution of agreement and paid 33 monthly installments @ Rs.9,722/- p.m out of 36 installments. It is also asserted that she stopped payment of balanced installment as there was no development work by the O.Ps. It was agreed by the O.Ps. that the O.Ps. would complete all necessary work of the said land within 48 months from the date of execution of the agreement. As the O.Ps. did not perform their part of performance in terms of agreement the complainants handed over a letter to the O.Ps. dated 18.08.2018 on 03.09.2018 with a request of refund of the money in case of inability to hand over the possession of the land after development. Thereafter, the complainant issued notice through her Ld. Advocate dated 16.08.2019 and it was received by the O.P. No. 2 on 23.08.2019. The O.Ps. have deficiency of service and the complainant has cause of action to file the case. The complainant has prayed for a direction upon the O.Ps. either to deliver possession of the developed land and execute and register the said land in favour of the complainant or to refund the amount already paid by the complainant along with interest @ 18% p.a. She also prays for compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/- against the O.Ps. The O.Ps. did not turn up in spite of service of notice. As a result, the case is heard ex-parte. The complainant filed evidence on affidavit on 10.02.2021 and also filed BNA.
On the basis of the above versions, the following points are framed for proper adjudication of the case :-
- Is the complainant a consumer under the provisions of C.P Act, 2019?
- Has this Forum/Commission jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the O.Ps.?
- Is the complainant entitled to get any order against the O.Ps, as prayed for?
DECISION WITH REASONS
Point nos. 1, 2, 3 & 4:-
The Ld. Advocate for the complainant submits that the complainant is a consumer as he entered into an agreement with the O.Ps. on 20.09.2013 for purchase of a plot after development to be made by the O.Ps. It is also urged that the complainant paid Rs. 3,50,000/- on 20.09.2013 and paid 3,20,826/- by 33 installments @ Rs. 9,722/- p.m. It is urged that the O.Ps. did not develop the land as per agreement and the complainant prays for refund of Rs. 6,70,826/- along with interest @ 18% p.a. from the date of last payment (25.09.2016) and compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/-.
The O.Ps. did not contest the case.
We have gone through the written complaint, evidence and the materials on record submitted by the complainant. It is apparent from the Xerox copy of notarized agreement dated 20.09 2013 that a plot of land being No. 08 of Mouza – Gabberia, J.L. No. 140, area 4 Kathas at a consideration of Rs. 7,00,000/-. As per agreement the complainant was to pay Rs. 3,50,000/- at the time of execution of agreement and the rest amount of Rs. 3,50,000/- by 36 installments @ Rs. 9,722/- p.m. It appears from the materials on record that the complainant paid Rs. 3,50,000/- on 20.09.2013 and paid Rs. 3,20,826/- by 33 installments @ Rs. 9,722/- p.m. against proper receipts up to 25.09.2016. It is apparent from the evidence filed by the complainant that the O.Ps. did not develop the land within the stipulated period as per agreement dated 20.09.2013. We also find that the complainant requested for refund of Rs. 6,70,826/- vide letter dated 18.08.2018 and it was received by the O.Ps. The complainant also asserted that the O.P. No. 1 received the legal notice dated 16.08.2019 on 23.08.2019.
On a careful consideration we find that the complainant is a consumer in terms of the C.P. Act, 2019 and this Commission has jurisdiction to entertain the complaint.
We find that the O.Ps. did not reply to the letter of the complainant dated 18.08.2018 and 16.08.2019. We also find from the evidence of the complainant that the O.Ps. did not develop the plot of land as per agreement. Therefore, we have no hesitation to hold that the O.Ps. have deficiency in service. In our considered opinion the complainant is entitled to get back the amount already paid to the O.Ps. amounting Rs. 6,70,826/- along with interest @ 6% p.a. w.e.f 26.09.2016. We also think that the complainant is entitled to get of Rs. 50,000/- for deficiency in service and compensation for mental pain and agony of the complainant and Rs. 20,000/- as litigation cost from the O.Ps.
In the result, the CC case succeeds.
Fees paid are correct.
Hence,
ORDERED
That the complaint case be and the same is hereby allowed ex-parte against the O.Ps. with litigation cost of Rs. 20,000/-. The O.Ps. are directed to refund the amount of Rs. 6,70,826/- received by them with simple interest @ 6% p.a. with effect from 26.09.2016 till realization within a period of 60 days from the date of this order. The O.Ps. are also directed to pay Rs. 50,000/- for deficiency in service and mental pain and agony to the complainant by sixty days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
Dictated and corrected by me
President
