West Bengal

South 24 Parganas

CC/187/2015

Smt. Sharmila Bhattacharyya, Chakrabourty, wife of Sri Susanta Chakraborty. - Complainant(s)

Versus

1. Smt. Sandhya Das, Wife of Late Atul Chandra Das. - Opp.Party(s)

Uttiya Saha.

23 Dec 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _187_ OF ___2015__

 

DATE OF FILING : _20.4.2015__                           DATE OF PASSING JUDGEMENT:  _23.12.2015

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Subrata Sarker

                                                                             

COMPLAINANT             :     Smt. Sharmila Bhattacharyya, (Chakraborty),w/o Sri Susanta Chakraborty of 7, Ajanta Road, New Santoshpur, P.S. Survey Park, Kolkata-75.

 

-VERSUS  -

 

O.P/O.Ps                            :    1.    Smt. nSandhya Das,w/o late Atul Chandra Das.

                                                2.   Smt. Arpita Das,d/o late Atul Chandra Das

                                                3.    Smt. Anita Paul,w/o Shyamal Paul,d/o late Atul Ch. Das

                                           All are residing at 7A, Aurobindo Road, Santoshpur Avenue, P.S. Survey Park, Kolkata – 75.

4.  Sambhunath Das.

                                                5.  Sankar Das

6. Tarak Das, 4 to 6 are of 7A/1, Aurobindo Road, Santoshpur Avenue, P.S. Survey Park, Kolkata – 75.

7.     Smt. Saraswati Ghosh Dastidar, w/o Goutam Ghosh Dastidar,d/o late Atul Ch. Das of 27, Aurobindo Road, Santoshpur Avenue, P.S. Survey Park, Kolkata – 75.

8. Smt. Sukla Roy, w/o Mrinal Kanti Roy ,d/o Atul Ch. Das of 24, Aurobindo Road, Santoshpur Avenue, P.S. Survey Park, Kolkata – 75.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

 

The short case of the complainant is that she entered into an agreement for sale on 14.6.2013 with one Atul Ch. Das, since deceased, predecessor of the O.Ps in respect of purchasing a residential flat measuring 650 sq.ft on the second floor consisting of 2 bed room, one balcony, one dining room, one toilet at premises no.305, K.K. Majumder Road, and 7A,Aurobindo Road, P.S Survey Park, Kolkata – 75 , which is annexure A. it has been stated that he has paid a sum of Rs.2 lacs through cheque drawn on U.B.I out of total consideration money of Rs.17,20,000/- . It has further stated that although it has mentioned in the agreement for sale that remaining amount will be handed over at the time of registration to Atul Chandrra Das since deceased and the flat will be handed over on or before 20.7.2013 . But unfortunately Atul Ch. Das died in the month of July 2013 and his son Tarak Das is looking after all the affairs regarding the sale of the suit property . Tarak Das was also looking after the suit property at the lifetime of Atul Ch. Das. It has been further stated that O.P-6 had already collected Rs.10,700/- for electrical works and also taken Rs.15 lacs in cash for the purpose of civil work but he did not grant any money receipt. Inspite of sending letter to the O.P through Ld. Advocate O.P did not pay any heed to it ,for which, this complaint is filed with a prayer to execute the deed of conveyance on receiving the balance consideration money in favour of the complainant or to refund Rs. 2 lacs which has been paid by the complainant as an earnest money along with 15 % interest from the date of receipt and also directed the O.Ps jointly and/or severally to pay some litigation cost and to pay Rs. 2 lacs towards compensation.

Inspite of serving summon the O.Ps did not appear except O.P nos. 7 and 8. O.P nos. 7 and 8 though appeared did not file written version and also did not appear on 30.10.2015 and 17.12.2015 for case proceeded in exparte against all the O.Ps.

Points for decision in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                            Decision with reasons

It appears from the track report that Summons were delivered to all the O.Ps but inspite of that they did not turn up for which case proceeded exparte against them.

It may be mentioned here that at the time of hearing complainant has stated that she wants to get the earnest money which she has paid along with interest and also claimed cost and compensation.

Considering the totality of the facts that due to the demise of Atul Chandra Das ,the flat which was agreed to be sold was not handed over by the legal heirs ,mainly O.P-6 as per submission fo the complainant. Be that as it may, complainant has no other way but rightly claimed the earnest money of Rs.2 lacs because the legal heirs who has stepped into the shoes of Atul Babu did not pay any heed to the agreement for sale executed by Atul Babu and even after getting summon did not challenge the signature of Atul Babu which clearly suggests glaring example of deficiency in service .

Accordingly, it is

                                                            Ordered

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

The O.Ps are directed jointly and/or severally to refund the earnest money of Rs.2 lacs together with interest @10% p.a from the date of this order till its realization.

The O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.1 lac and litigation cost of Rs.25000/- to the complainant within 30 days from the date of this order, failing which, further interest will carry @9% p.a till its realization and 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 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,1986 is allowed in exparte.

The O.Ps are directed jointly and/or severally to refund the earnest money of Rs.2 lacs together with interest @10% p.a from the date of this order till its realization.

The O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.1 lac and litigation cost of Rs.25000/- to the complainant within 30 days from the date of this order, failing which, further interest will carry @9% p.a till its realization and 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 through speed post.

 

Member                                                                                                                       President

.