West Bengal

South 24 Parganas

CC/69/2016

Sri Palash Banerjee, S/O Gobinda Lal Banerjee. - Complainant(s)

Versus

ABS Land Development & Construction Pvt. Ltd. - Opp.Party(s)

Arijit Bhattacharyya.

19 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _69_ OF ___2016_

 

DATE OF FILING : 13.7.2016                       DATE OF PASSING JUDGEMENT:  19/12/2016

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Subrata Sarker

                                                                             

COMPLAINANT        :     Sri Palash Banerjee,s/o Sri Gobinda Lal Banerjee of Flat no.B-1, 3^rd Floor, Riya Apartment, Teghoria Main Road, Kolkata – 157.

 

-VERSUS  -

 

O.P/O.Ps                            :    1. ABS Land Development & Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Tollygunge, Kolkata -29.

                                               2.     Mr. Tapan Ghosh,s/o late P.K. Ghosh Managing Director of  ABS Land Development & Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Tollygunge, Kolkata -29.

                                                  3.     Sk. Mokbul Hossain,s/o Sk. Yousuf Ali, 13/B, Jatin Das Road, P.S. Tollygunge, Kolkata -29.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P. Act filed by the complainant on the ground that complainant has entered into an agreement for sale on 9.8.2006 for purchasing a plot being no.177 measuring 2060 sq.ft under “Swapnoneer Abasan, Mouza Mirpur, Bishnupur P.S South 24-Parganas  at a consideration of Rs.1,92,000/- . Complainant has paid Rs.1,91,976/-  out of full consideration amount to the O.P-1 but O.P-1 did not provide or allot the flat and hand over the possession as well as deed of conveyance was not executed inspite of several reminders. Thereafter, complainant and the O.Ps entered into another fresh agreement on 29.6.2012 in respect of the suit property at a consideration of Rs.3,91,975/- ,whereby the O.P have adjusted Rs.1,91,976/- and thereafter complainant paid Rs.20,000/- on 7.9.2012 and Rs.30,000/- on 28.6.2013 and thus complainant paid total Rs.2,41,976/-. The O.P fixed a date for delivery of possession and execution, registration of the deed of conveyance after payment of balance consideration money. But the O.Ps failed to provide the same. Hence, this case  with a prayer to direct the O.Ps to execute and register the deed of conveyance on receiving balance consideration money , alternatively to refund the amount of Rs.2,41,976/-  with interest @18% p.a , compensation Rs.2 lacs and litigation cost Rs.50,000/- against the O.Ps jointly and/or severally.

 

The O.Ps did not contest the case inspite of serving summon upon them. Hence, the case is running in exparte.

Complainant filed evidence , brief notes of argument and series of documents including money receipts , copy of agreement for sale and mode of payment through bank from time to time.

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

 

From the documents i.e  agreement, subsequent agreement, series of payment receipt through bank , it appears that O.P received total amount of Rs.2,41,976/- from the complainant and it is also evident from the track consignment that notice was served to them but they did not turn up. This circumstances clearly suggest that O.Ps have nothing to say and they are only interested to grab the money which is a deficiency in service and unfair trade practice since on the plea of the service  they have accepted the money. Accordingly complainant has been able to prove the case without any hesitation in mind and we are aware that this unfair trade practice has been  going on by the O.P over this area  and lot of consumers are suffering by not getting their consideration money.

So, it is

                                                            Ordered

That the application under  section  12 of the C.P. Act filed by the complainant  is allowed in   exparte against the opposite parties.

The opposite parties are directed jointly and/or severally to execute and register the deed of conveyance as well as deliver  possession  of the agreed plot after development  in all respect in favour of the complainant within 30 days from the date of this order , failing which O.Ps are directed jointly and/or severally to refund Rs. 2,41,976/- ,which is the advance money , along with interest @18% p.a from the date of filing the case till its realization.

The O.Ps are jointly and/or severally to pay Rs. 50,000/- towards ligation cost to the complainant since the complainant is suffering since  2006 in the legal battle,meeting the lawyer’s chamber , that is why litigation cost of Rs.50,000/- is justified in our view within 30 days from the date of this order.

The O.Ps are directed jointly and/or severally to pay Rs. 2 lacs towards compensation for harassment and mental agony  to the complainant 30 days from the date of this order.

Apart from that, O.Ps are directed jointly and/or severally to pay Rs. 1 lac towards punitive damage in order to stop this type of unfair trade practice and that amount will be deposited in the Consumer Legal Aid Fund, to be paid within 30 days from the date of this order, failing which complainant is at liberty to execute the order in a separate proceedings 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.Ps through speed post.

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 filed by the complainant  is allowed in   exparte against the opposite parties.

The opposite parties are directed jointly and/or severally to execute and register the deed of conveyance as well as deliver  possession  of the agreed plot after development  in all respect in favour of the complainant within 30 days from the date of this order , failing which O.Ps are directed jointly and/or severally to refund Rs. 2,41,976/- ,which is the advance money , along with interest @18% p.a from the date of filing the case till its realization.

The O.Ps are jointly and/or severally to pay Rs. 50,000/- towards ligation cost to the complainant since the complainant is suffering since  2006 in the legal battle,meeting the lawyer’s chamber , that is why litigation cost of Rs.50,000/- is justified in our view within 30 days from the date of this order.

The O.Ps are directed jointly and/or severally to pay Rs. 2 lacs towards compensation for harassment and mental agony  to the complainant 30 days from the date of this order.

Apart from that, O.Ps are directed jointly and/or severally to pay Rs. 1 lac towards punitive damage in order to stop this type of unfair trade practice and that amount will be deposited in the Consumer Legal Aid Fund, to be paid within 30 days from the date of this order, failing which complainant is at liberty to execute the order in a separate proceedings 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.Ps through speed post.

Member                                                                                                                       President