DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __85_ _ OF ___2018
DATE OF FILING :_25.7.2018 DATE OF PASSING JUDGEMENT:11.1.2019
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Nimai Chand Halder, son of latge Sudhir Chandra Halder of Building Name-AALOKE, Beherapara Road, (Behind Krishna Cinema), Baruipur, South 24-Parganas, Kolkata-144.
O.P/O.Ps : 1. A.B.S Land Development & Construction Pvt. Ltd. at 13/B, Jatin Das Road, P.S Tollygunge, Kolkata -29. Represented by its Director-
2. Tapan Ghosh (M.D ) , son of Pannalal Ghosh, House no.6,2, Panchkari Ghosh Lane, Ward no. 125, P.S Thakurpukur, South 24-Parganas, Pin-700008.
3. Sri Tapash Ghosh, (Director), son of Pannalal Ghosh, House no.3,2, Panchkari Ghosh Lane, Ward no. 125, P.S Thakurpukur, South 24-Parganas, Pin-700008.
4. Sri Abhijit Chowdhury (Director), son of late Chittaranjan Chowdhury , 1st floor, G-108, Baghajatin G Block, Dakshinpara, Ward no.101, P.S Patuli, Dist. South 24-Parganas, Pin-700086.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Refusal to refund the consideration price paid to the O.P ,developer, has galvanized the complainant to file the instant case under section 12 of the C.P Act, 1986, alleging deficiency in service on the part of the O.P
The facts leading to the filing of the instant case may be set forth as follows.
The complainant intended to purchase two developed plots of land i.e A-11(Block-A) and B-330 (Block-B) as succinctly described in schedule to the two Sale Agreements dated 22.3.2013 in dream child project “Ärpan Complex” of O.P nos. 2,3 and 4 for a total consideration price of Rs.12,99,400/- - Rs.6,60,000/- for plot no.A-11 and Rs.6,39,400/- for plot no…B-330. Two Sale Agreements dated 22.3.2013 were also executed by the developer in favour of the complainant and thereby the developers agreed to complete the project work by December 2016, in default of which they assured the complainant to return the full consideration price paid to them with interest. Accordingly, complainant paid Rs.7,79,644/- to the developers. But the project work did not ever see the light of the day; the developers have failed to start the project work as yet. So, the complainant demanded refund of the money paid by him to the developers. The developers have also refunded Rs.50,000/- only to the complainant ,but the balance amount has not been paid by them even after vigorous persuasions made by the complainant. A disappointed, the complainant has filed the instant case, praying for issuing an order directing the developers to return the balance consideration priced i.e Rs.7,79,644/- with interest, compensation etc. hence, the case.
Summons were served upon the O.Ps as per postal track report, but they have not entered into appearance to contest the case. So, the case is heard exparte against them.
Complainant has filed evidence on affidavit and the same is kept in the record after consideration…
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- 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 ?
DECISION WITH REASONS
Point no.1 & 2 :
In the instant case, the complainant has filed the copies of two sale agreements dated 22.3.2013. On perusal of these two agreements, it is found that the developers assured the complainant to complete the project work within the month of December, 2016 by making demarcation and delivery of possession of the plots to the complainant, vide 3rd para page 2 of the agreements. It is stated by the complainant in his evidence that the project work is yet to take its flight and, therefore, he demanded return of the money paid by him to the developers. It also transpires in the evidence of the complainant that the developers have returned Rs.50,000/- to the complainant in pursuance of demand of the complainant. It is further ascertained on a further perusal of the sale agreements that the developers also agreed to repay the entire money received by them from the complainant, by four installments in case of their failure to complete the project work within the schedule time.
In the instant case, the developers have not been able to complete the work within the schedule time and it is nothing but default on the part of the developers. So, where the default is committed by none but the developers, the developers will have to return the money received byh them from the purchasers with compensation by way of interest. The complainant is entitled to get the relief or reliefs as prayed for.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.5,000/-.
The O.Ps, who shall remain jointly and severally liable to make payment to the complainant, are directed to refund Rs.7,29,644/- to the complainant with interest @10% p.a from the date of respective payments to the O.Ps, within a month of this order .
If the O.Ps fail to comply with the order of this Forum, the complainant is at liberty to execute the order through the instrumentality of this Forum.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
