West Bengal

South 24 Parganas

CC/293/2015

Subhas Chandra Bhattacharjee, S/O Late Sudhir Chandra Bhattacharjee. - Complainant(s)

Versus

1. Smt. Purabi Das Gupta, Wife of Sri Swapan Das Gupta. - Opp.Party(s)

Jayeeta Majumder.

17 Nov 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _293_ OF ___2015__

 

DATE OF FILING : 22.6.2015                     DATE OF PASSING JUDGEMENT:  17.11.2015

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             : Subhas Chandra Bhattacharjee,s/o late Sudhir Chandra Bhattacharjee of131, Das Para Road, Thakurpukur, P.S. Haridevpur, Kolkata- 63.

 

-VERSUS  -

 

O.P/O.Ps                            : 1. Smt. Purabi Das Gupta,w/o Sri Swapan Das Gupta of Prantik Phase-iv(LIG) Housing Project, Haridevpur, P.S. Thakurpukur, Mahatma Gandhi Road, Kolkata – 104.

                                           2.     Sri Swapan Das Gupta of Prantik Phase-iv(LIG) Housing Project, Haridevpur, P.S. Thakurpukur, Mahatma Gandhi Road, Kolkata – 104.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

This application under section 12 of the C.P Act, 1986 is filed by a Senior Citizen having age of 69 years in order to purchase a flat with the total consideration amount of Rs.7,50,000/- and accordingly at the time of agreement for sale he has paid Rs.5,50,000/- on 24.12.2013. It may be mentioned here that from the agreement for sale it derives that O.P-1 is the owner of the said flat of housing project. O.P-2 is the  husband who only put his signature receiving Rs.1,55,000/- and Rs.40,000/- and Rs.5000/- from the complainant and made an agreement for sale, that is why the complainant wants to establish that he has paid Rs.7,50,000/- in all. It may be mentioned here that inspite of receipt of the amount the O.Ps did not deliver the said flat and although agreed to refund the entire consideration money with compensation, nothing has been done as yet. Hence, this case.

Point for decision is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps.

                                                Decision with reasons

 

At the very outset it must be stated that One Ld. Advocate has appeared through vakalatnama and also prays for time on behalf of the O.Ps. Prayer was allowed fixing 18.9.2015 for filing written version. But on that date the O.Ps were absent without steps, for which, applying out considerable mind of natural justice date is fixed on 28.10.2015 for filing written version as last chance. But on that date none appears. Accordingly fixed 29.10.2015 for filing written version as last chance . On that date O.P-1 is present and expressed his view in open Forum for talk of compromise for which today is fixed for filing written version as special and last chance, in default exparte hearing. But neither O.Ps appeared ,nor any petition is filed on behalf of the O.Ps through his Ld. Advocate ,that is why case is taken up for exparte hearing because complainant being a senior citizen is present and expressed his difficulties facing day by day by investing Rs.7,50,000/- from his retirement benefits.

            We have perused the agreement for sale and we find that Rs.5,50,000/- already paid on the date of agreement on 24.12.2013 . Thereafter from time to time complainant has paid Rs.1,55,000/- and Rs.40,000/- and Rs.5000/- which is appearing in the subsequent agreement between the parties. But till date complainant did not refund his consideration money and alternatively deed of conveyance. So, we find that complainant is really suffering a lot after payment of consideration money for purchasing a flat from the O.P-1 who has purchased the same from one Minta Dey, original owner of the flat under West Bengal Housing Board being named as Prantik Phase-iv Housing Project . Thus we find that in order to harass and adopting unfair trade practice the O.P and her husband did all these unfairness ,that is why, the complainant being a senior citizen is suffering a lot which is a deficiency in service and unfair trade practice ,for which , it is

                                                            Ordered

That the application under section 12 of the C.P Act is allowed in exparte.

The O.P-1 is directed to deliver possession of the schedule flat and to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant within 30 days from the date of this order, failing which, O.P-1 is directed to refund Rs.5,50,000/- and both the O.Ps are directed to refund remaining Rs.200000/-  along with interest @9% p.a from the date of filing this case till its realization.

The O.Ps are further directed to pay compensation to the tune of Rs.50,000/- along with litigation cost of Rs.2000/- to the complainant within 30 days from this date . The prayer for punitive damage is refused.

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

 

 

 

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 is allowed in exparte.

The O.P-1 is directed to deliver possession of the schedule flat and to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant within 30 days from the date of this order, failing which, O.P-1 is directed to refund Rs.5,50,000/- and both the O.Ps are directed to refund remaining Rs.200000/-  along with interest @9% p.a from the date of filing this case till its realization.

The O.Ps are further directed to pay compensation to the tune of Rs.50,000/- along with litigation cost of Rs.2000/- to the complainant within 30 days from this date . The prayer for punitive damage is refused.

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

 

 

 

Member                                                                                                                       President