West Bengal

South 24 Parganas

CC/358/2015

1. Sanjit Pal. - Complainant(s)

Versus

1. Smt. Sikha Das, Wife of Ashok Das. - Opp.Party(s)

15 Apr 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _358   OF ___2015____

 

DATE OF FILING : 5.8.2015     DATE OF PASSING JUDGEMENT: 15.04.2016

 

Present                        :     

 

                                        Member(s)    :  Smt.  Sharmi Basu & Subrata Sarker     

 

COMPLAINANT                  :   Sanjit Pal,P.O Bethbedia, P.S Bishnupur, Dist. South 24-Parganas, Pin – 743503.

 

-VERSUS  -

 

O.P/O.Ps                                :    1. Smt. Sikha Das , w/o Ashok Das

                                                                                   &

                                                    Ashok Das, Indrapuri Apartment, 3^rd Floor, Flat no.9, 389/A, Diamond Harbour Road, Kolkata – 63, and permanent address at Vill. Patharpratima, P.O Bamunkhali, P.S Sagar, South 24-Parganas, Pin-743373.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that  on 5.11.2009 complainant entered into an agreement with the O.P Sikha Das  for purchasing a flat measuring 1200 sq.ft at J.L. No.23, Dag. No.2021(P), E.P no.46, KMC Premises no. 45, Daspara, Thakurpukur, Kolkata – 63 Ward no.124 at a consideration money of Rs.10,20,000/- . Accordingly complainant paid Rs.4,50,000/- as advance. Subsequently it has come to the knowledge of the complainant that O.P already entered into agreement for sales with two other parties in respect of selfsame flat before entering into agreement with him. After that O.P absconded  and one promoter, Swabhumi Construction, negotiated with the complainant and promised to return the money deducting 30% of the total money paid . Accordingly the promoter paid Rs.2,95,000/- out of Rs.3,15,000/- ( after deduction of 30% from Rs.4,50,000/-   ) . After that complainant contacted the O.P who promised to return Rs. 1,55,000/- within the date fixed but till date no money was returned . Several requests following letters yielded no result and hence this case praying for refund of Rs.1,55,000/-  , compensation of Rs.,50,000/- towards mental agony and harassment and Rs.10,000/- towards cost of the case.

Inspite of service of summons upon the O.Ps, they are reluctant to appear and contest the case, for which case proceeded in exparte against them.

 

Points for Decision    

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

All the points are taken together as they are interlinked.

After scrutinizing vividly the petition of complaint and all the documents we find that in the instant case the complainant paid Rs.4,50,000/- as advance to the O.P . Therefore, complainant is a consumer under section 2(1)(d)(ii) of the C.P Act , 1986.

As the O.P has not agreed to appear before this Forum even after valid service of notice upon him , all the documents filed on affidavit being unchallenged testimony have been considered as true . It is beyond doubt that as the O.P promised to refund Rs.4,50,000/- to the complainant within 31^st August, 2011 by signing on a stamp paper of Rs.10/- ,but failed to refund amount of Rs.1,55,000/- ,Therefore,  he is liable for deficiency in service  towards the complainant/consumer due to violation of contract and duty bound to refund the aforesaid amount to the complainant. It is also strongly opined by this Forum that due to above mentioned inaction and deficiency in service of the O.P complainant has to suffer irreparable loss and injury and he is entitled to be aptly compensated by the O.P.

Thus all the points are disused and the same are in favour of the complainant.

Hence,

                                                                        Ordered

That the case be and the same is allowed exparte against the O.P with cost .

The  O.Ps jointly and/or severally are directed to refund the amount of Rs.1,55,000/- to the complainant and also to pay Rs.10,000/- towards compensation and Rs.3000/- as litigation cost within 30 days from the date of this order, failing which, 10% interest p.a  shall carry on the total amounts from the date of default till its realization

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

 

Member                                                           Member                                                          

 

Dictated and corrected by me

 

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

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

 

                                    Ordered

That the case be and the same is allowed exparte against the O.P with cost .

The  O.Ps jointly and/or severally are directed to refund the amount of Rs.1,55,000/- to the complainant and also to pay Rs.10,000/- towards compensation and Rs.3000/- as litigation cost within 30 days from the date of this order, failing which, 10% interest p.a shall carry on the total amounts from the date of default till its realization

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

 

Member                                                           Member