West Bengal

South 24 Parganas

CC/30/2015

Mr. Golam Mohiuddin alies Mohiuddin Golam, S/O Mr. Golam Ambia an overseas citizen of India And N.R.I. At Chikago II 60601 represented by its cont Attorney elder brother Mr. Golam Gouse, - Complainant(s)

Versus

1. Srebhumi Pvt. Ltd. Represented by its Proprietor Sri Gopal Malakar. - Opp.Party(s)

Tarak Nath Chakraborty.

28 Apr 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _30_ OF ___2015__

 

DATE OF FILING : 19.1.2015     DATE OF PASSING JUDGEMENT: 28.4.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :   Mr. Golam Mohiuddin Allias Mohiuddin Golam ,s/o Mr. Golam Ambia

an Overseas citizen of India and NRI represented by his Constituted Attorney ,his elder brother Mr. Golam Gouse, s/o Mr. Golam Ambia of Village Bahina More, P.O Mollapur, P.S. Moyureswar, Dist. Birbhum, West Bengal, Pin -731216.

 

-VERSUS  -

 

O.P/O.Ps                            :    1.     Srebhumi Pvt. Ltd. represented by Prop. Sri Gopal Malakar of

127C/6, James Long Sarani, near Samar Roy Park, Behala, Chowrastha, P.S. Haridevpur, Kol-94.

2.     Sri Gopal Malakar, Prop. Of Swabhumi Real Estate India Ltd. of D-47, Township, P.S. Haridevpur, Kolkata -94.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This application under section 12 of the C.P Act,1986 filed by the complainant  on a ground that he is NRI and executed one Power of Attorney in favour of his elder Brother Mr. Golam Gous , s/o Mr. Golam Ambia of Village Bahina More, P.O Mollapur, P.S. Moyureswar, Dist. Birbhum, West Bengal, Pin -731216. It has further stated that he was attracted on the basis of the open advertisement and offered O.P-2 for allotment of plot and complainant booked one plot for residential purpose measuring 17 cattahs at Suryapur Diamond Harbour, and make payment of total consideration of Rs.15 lacs in three phases through draft. It has further stated that inspite of receiving total consideration price against valid and proper money receipt and inspite of verbal assurance and undertaking to hand over the aforesaid land ,since the O.P-1 after closing its earlier company namely Swqabhumi Real Estate could not execute and register the sale deed and declined to hand over the aforesaid plot. It has further stated that due non-payment of such amount including the interest @15% p.a with effect from May, 2008 till November, 2014  the O.ps acted deficiency in service . Hence, this case.

From the tract report we find that the items were delivered but the O.Ps did not appear, for which the case is running against the O.Ps exparte.

Points for decision in this case is whether there is any deficiency in service on the part of the O.ps.

                                                             Decision with reasons

Perused the money receipts and we find that O.P-1 accepted Rs.15 lacs by issuing money receipts no.0035  dt.12.4.2008, 0215 dated 30.4.2008 and 0221 dt.21.5.2008 and O.Ps did not allot the plot which was booked by the complainant for his residential purpose which is a deficiency of service. So, we have nothing to disbelieve the unchallenged testimony fo the documents of the complainant.

Accordingly, it is

                                                             Ordered

That the application filed under section 12 o the C.P Act is allowed exparte against the O.ps.

The O.Ps are directed to refund Rs.15 lacs to the complainant which is the principal amount and compensation of Rs.50,000/- for mental pain and agony and Rs.2000/- towards cost to the complainant within 45 days from this date, failing which, the complainant is at liberty to execute the order through this Forum.

 

Let a plain copy of this order  be sent to the O.P through this Forum and one copy be handed over to the complainant free of cost.

 

                                                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 filed under section 12 o the C.P Act is allowed exparte against the O.ps.

The O.Ps are directed to refund Rs.15 lacs to the complainant which is the principal amount and compensation of Rs.50,000/- for mental pain and agony and Rs.2000/- towards cost to the complainant within 45 days from this date, failing which, the complainant is at liberty to execute the order through this Forum.

 

Let a plain copy of this order  be sent to the O.P through this Forum and one copy be handed over to the complainant free of cost.

 

                                                Member                                               President