DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

      C.C. CASE NO. _111_ OF ___2017

DATE OF FILING : 31.8.2017                     DATE OF PASSING JUDGEMENT: 23.10.2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker & Jhunu Prasad

COMPLAINANT             :     Sri Sumit Saha, son of Sri B.C Saha of BE-100, Sector-1, Salt Lake, Kolkata - 64

-VERSUS  -

O.P/O.Ps                            :  1. ABS Land Development & Construction Private Limited, repreesnte dby Director Sri Tapan Ghosh at 13/B, Jatin Das Road, P.S Tollygunge, Kolkata -29.

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                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act 1986 filed by the complainant on the ground that he entered into an  agreement for sale on 29.1.2013  with the O.P for purchasing two contiguous plots bearing no.sA-127 and A-128 against total consideration amount of Rs.8,80,000/-i.e Rs.440,000/- each . The measurement of the plots is about 2 cottah each in the project namely Arpan Colmplex, Block-A Mouza-Bamangachi, Dist. South 24-Parganas. Accordingly complainant paid  total amount of Rs.3,52,000/- (Rs.1,76,000-/  for each plot) and balance amounts were to be paid by 36 equal monthly instalments. Complainant has already paid total sum of Rs.4,00,268/- to the O.P.  It is the further case of the complainant that delivery of the possession of the said two plots was scheduled to be completed by the month of December 2016 . Thereafter complainant several times requested the O.P for delivery of possession of the two plots in developed condition and all are in vein and it is also learnt by the complainant that the development of the land was left deserted and abandoned by the O.P. Hence, this case praying for refund of Rs.4,00,268/- , compensation equivalent to the present market price of the schedule plots as assessed by the Registration Department , cost Rs.30,00/- etc.

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

Decision with reasons

            Admittedly complainant has paid Rs.4,00,268/- for two plots . But the land in dispute has not yet been delivered. It is true that there is no specific date to hand over the plots in dispute ,for which complainant’s  claim for refund of full consideration money with interest is justified. We find nothing to disbelieve the case of the complainant since these O.Ps are landmark Concern of deficiency of service and unfair trade practice by snatching money from the innocent persons. So, the prayer of the complainant should be allowed.

            It is just and proper to accept the prayer for refund of full consideration money which has already been paid by the complainant for two plots to the O.Ps, particularly when we are aware that these O.Ps in so many cases did this type of deficiency of service and warrant of arrest was also issued and one of the Directors was arrested in other cases and he was also sent to Correctional Home. So, unnecessary delay of refund should not delayed further considering the age of this case, that is why, complainant has rightly wanted refund of the money with interest ,because it was paid in the year 2012 and we have already crossed more than five years.

            In this regard complainant has relied the reported judgment of the Hon’ble National Commission reported in R.P no.3716 of 2007 which was passed from the order dated 8.8.2007 in Appeal no.12  of 2007 by the Hon’ble State Commission in Madhapradesh Pradesh State Consumer Disputes Redressal Commission Vopal which was challenged before the Hon’ble National Commission and Hon’ble National Commission has observed that it does not call for any interference in provisional jurisdiction in view of Section 21(b) of the C.P Act, 1986 and revision petition was therefore dismissed, wherein Hon’ble National Commission also observed that money was paid long back and we also hold that in the present case in West Bengal the land was proposed to be sold in the year 2012 and at preset the market price of the said land as per report of the West Bengal Director of Registration & Stamp Duty is Rs.2,97,000/-  At this juncture it is also noted that Hon’ble Apex Court has observed that “Compensation should be paid at the current rate equivalent to the area in question” in case no.2015(11)SCC 661. Thus complainant is entitled to compensation of Rs.2,97,000/- , not Rs.2 lacs which has been claimed by the complainant .

            Apart from that he will get booking money of Rs.4,00,268/- and litigation cost Rs.20,000/- and thereby the natural justice will be served upon the complainant, otherwise this type of well-known unfair trade practice holder will get encouraged by snatching money from the common people and act accordingly. This type of act should be stopped and this type of O.Ps should be blacklisted by all concern of the Government and the registration of the O.P at 13/B, Jatin Das Road, Kolkata should  be closed by the concerned Police Station.

            With that observation, it is

                                                                        Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in exparte against the O.Ps with cost.

The O.Ps are jointly and/or severally directed to refund earnest/booking money of Rs.4,00,268/- along with interest @8% p.a from the date of payment till realization to the complainant within 30 days from the date of the order.

The O.Ps are also jointly and/or severally directed to compensate the complainant by paying Rs.2,97,000/- ,since the market value of the land has already been aggravated , along with cost of Rs.20,000/- to the complainant within 30 days from the date of this order, failing which 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                                                           Member                                               President

Dictated and corrected by me

                        President

The judgment 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 against the O.Ps with cost.

The O.Ps are jointly and/or severally directed to refund earnest/booking money of Rs.4,00,268/- along with interest @8% p.a from the date of payment till realization to the complainant within 30 days from the date of the order.

The O.Ps are also jointly and/or severally directed to compensate the complainant by paying Rs.2,97,000/- ,since the market value of the land has already been aggravated , along with cost of Rs.20,000/- to the complainant within 30 days from the date of this order, failing which 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                                                           Member                                               President