DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _163 _ OF ___2017
DATE OF FILING : 21.12.2017 DATE OF PASSING JUDGEMENT: _10.7.2018_
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Sri Sutanu Bhadra, son of Sudhendu Bhadra of Flat no.1B, Titas Apartment 224, Rajdanga Road, P.S Kasba, Kolkata-107.
O.P/O.Ps : ABS Land Development & Construction Pvt. Ltd. represented by its Director Sri Tapan Ghosh , office at 13/B, Jatin Das Road, P.S Tollygunge, Kolkata – 29.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Briefly stated, the facts leading to the filing of the instant case by the complainant are that complainant entered into an oral agreement for sale with the O.P for purchasing a plot of land as succinctly described in Schedule A to the complaint for a total consideration price of Rs. 5 lac. Rs.2 lac was paid by the complainant to the O.,P as part payment of consideration price on different dates. But the O.P did not make any development work on the plot till date and, therefore, the complainant has prayed for return of the consideration money paid by him to the O.P and also for payment of compensation etc. Hence, arises the instant case.
The O.P made appearance in the case but has not filed any written version of his statement. Hence, the case is heard exparte against him.
Evidence on affidavit is filed by the complainant and the same is kept in the record.
Decision with reasons
It is to be seen now whether the complainant is entitled to get relief or reliefs as prayed for by him.
It has been stated by the complainant in his evidence that he made an agreement with the O.P and the O.P also agreed to sell a plot of land as described in schedule to the complaint to him for a consideration price of Rs.5 lac. It is also stated by the complainant in his evidence that he paid Rs.2 lac to the O.P on different dates in the year 2013. Since then, the O.P has made no development work upon the plot of land in terms of the agreement and, therefore, the complainant now prays for return of the money paid by him to the developer. All these are transpiring in the evidence of the complainant. The O.P has not made any appearance in the case, nor has he led any evidence herein. The evidence of the complainant as pointed out above has remained unchallenged and relying upon the unchallenged evidences of the complainant, we are of the opinion that the complainant has been able to prove deficiency in service on the part of the developer. Failure on the part of the developer to develop the land is undoubtedly an act of deficiency in service on his part. On perusal of the materials on record it is found that more than five years has passed away but the developer has not made any development in the case land and, therefore, the complainant is deemed entitled to get relief or reliefs as prayed for.
Hence,
ORDERED
That the complaint case be and the same is allowed exparte against the O.P with a cost of Rs.5000/-.
The O.P is directed to refund the consideration price i.e Rs. 2 lac, received by him from the complainant, with interest @12% p.a from the date of payment of the said price till full realization thereof.
The O.P is also directed to make payment of a sum of Rs.3 lacs to the complainant as compensation for loss sustained by him due to appreciation of value of land, harassment and mental agony caused to them by the O.P along with litigation cost ,within a month of this order, failing which, the compensation amount and the cost amount will bear interest @10% p.a till full realization thereof.
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
