DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __  71_ _ OF ___2018

DATE OF FILING : 20.6.2018         DATE OF PASSING JUDGEMENT: 6.12.2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :            Smt. Chhabi Rani Sahu, wife of Sri Hrishikes Sahu, of Village- Athilagori, P.O & P.S Contai, Dist. Purba Medinipur

•  VERSUS  -

O.P/O.Ps                    :  1. Golden Point Land Con. Pvt. Ltd. Service through Director at 131/1, Satyen Roy Road, P.S Behala, Kolkata-34.

                                     2.   Sri Sabir Pailan, son of Sri Akkash Ali Pailan , Managing Director, having its office at 131/1, Satyen Roy Road, P.S Behala, Kolkata-34. 

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                                                J  U  D  G  M  E  N  T

Sri Subrata Sarker, Member

             The quintessential facts leading to the filing of the instant case by the complainant are that the complainant wanted to purchase a developed plot of land and during the course   of search of such a land, she came in contact with the O.P-2 who is Director of O.P-1. A Sale Agreement was struck on 22.5.2012 between the complainant and O.P-2 and thereby the O.P-2 agreed to develop and sell a plot of land succinctly described in schedule to the agreement, to the complainant in his dream child project “Puspa Kunja” for a total consideration of Rs.5,25,000/-.  A sum of Rs.3,71,250/- is paid on different dates by the complainant as a part payment of consideration price. O.P-2 agreed to develop and deliver the physical possession of the said land of the project and also to execute and register the deed of conveyance in favour of the complainant within 36 months of the date of execution of the sale agreement. But the possession of the land was not delivered to the complainant ,nor the deed of conveyance was registered in favour of her. Repeated requests to O.P-2 for possession of land and registration of deed of conveyance also ended in fiasco. On 7.1.2017 the O.P refunded an amount of Rs.1 lakh .  Now, the complainant prays for refund of Rs.4,49,330/- with interest @18% p.a till full realization thereof and also for a sum of Rs.2 lac as compensation for harassment and mental agony etc. Hence, the case.

             The presumption of service of notice of the case upon the O.Ps has been drawn. The O.Ps have not made their appearance in the case and ,therefore, the case is heard exparte against them.

             Evidence on affidavit filed on behalf of the complainant is kept in the record after consideration.

DECISION WITH REASONS

           In the instant case, the complainant has filed a copy of Sale Agreement dated 22.5.2012 and also the copies of money receipts ,whereby she has paid money from time to time  to O.P-2.  A perusal of the sale agreement reveals that the O.P-2 agreed to develop and deliver the possession of the land in his dream project to the complainant within  36 months  from the date of the agreement. The agreement was executed on 22.5.2012. O.P-2 has not been able to deliver the possession of the land to the complainant as yet and it has been so stated by the complainant in the evidence filed on affidavit by her. O.P-2 is found to be a defaulter in terms of the agreement reached between the complainant and him and, therefore, he is bound to refund the money received by him from the complainant, with interest . The copies of money receipts filed herein also go to establish that complainant has paid Rs.3,71,250/- only  to O.P-2 and O.P-2 refunded Rs.1.00 lakh to the complainant on 7.1.2017.  

            In the result, the case succeeds and the order is passed accordingly as hereunder.

               Hence,

ORDERED

             That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/-.

             The O.Ps, who will remain jointly and severally liable to the complainants, are directed to return Rs.2,71,250/- to the complainant with interest @12% p.a from the date of respective payment to the date of full realization thereof.

           The aforesaid amounts are to be paid by the O.Ps to the complainant within a month of this order, failing which, the complainant is at liberty to recover the said amounts b y execution of this award through the instrumentality of the Forum.  

            No amount is awarded to the complainant on account of compensation for harassment and mental agony in view of the facts and circumstances of the case.

         Let a free copy of this order be given to the parties concerned at once.   

          Member                                             Member                         President

Dictated and corrected by me

                                                  Member