In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.378/2011
1) Pulak Kumar Maity,
34/1B, Biresh Guha Street, Kolkata-17. ---------- Complainant
---Versus---
1) ARMS (A Division of Asset Reconstruction Co. India Ltd.),
Wing “B” 10th Floor,
50, Chowringhee Road, Kolkata-71
P.S. Shakespeare Sarani. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 16 Dated 30-05-2013.
The case of the complainant in short is that on 11.8.10 an advertisement was made in the Ajkal Patrika inviting the purchasers to participate in auction sale of flat measuring about 1325 sq.ft. at 36A, Suchetanagar-II, Kolkata-78, Plot 36A, C.S. Dag no.3472, Mouza-Kasba, J.L. no.13, by Aircil Company total land 3 kattahs, 10 chittacks, total auction money was written in the advertisement Rs.10,14,000/- and earnest money will be deposited on 13.9.10.
Complainant deposited the earnest money of Rs.1,01,400/- by demand draft no.333384 dt.13.9.10 at SBI, Garfa Branch and the said company received by three authorized agent M. Junction Service Ltd. Kolkata.
Auction was held on 14.9.10 and complainant was the highest bidder of the said auction sale and total auction money was settled Rs.11,70,000/- . It is also noted that the said company told the complainant after registration of sale certificate, sanction plan, mother deed and others documents will be provided to him. Sale certification was registered on 2.12.10 and the said company told the complainant to give the enter money and complainant paid the enter money by bank draft of Rs.13,11,000/-.
On 2.12.10 sale certificate was registered in favour of the complainant that one Shaktipada Basu of said company made a declaration that the company will give all documents after supply of Xerox copy of sale certificate.
Complainant requested to supply the sanction plan mother deed but no sanctioned plan was supplied till date. It is also stated that said company made fraud upon the complainant because in the advertisement it is specifically stated that the total land 3 kattahs, 10 chittacks and 1325 sq.ft. flat but in the sale certificate land only 14 chittacks and there are 4 storied building and the said company did not hand over the said float to the complainant.
Further case of the complainant is that complainant incurred Rs.15 lakhs to the said flat, maximum money was accumulated by high interest from the market. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that on 11.8.10 an advertisement was made in the Ajkal Patrika inviting the purchasers to participate in auction sale of flat measuring about 1325 sq.ft. at 36A, Suchetanagar-II, Kolkata-78, Plot 36A, C.S. Dag no.3472, Mouza-Kasba, J.L. no.13, by Aircil Company total land 3 kattahs, 10 chittacks, total auction money was written in the advertisement Rs.10,14,000/- and earnest money will be deposited on 13.9.10 and cmplainant deposited the earnest money of Rs.1,01,400/- by demand draft no.333384 dt.13.9.10 at SBI, Garfa Branch and the said company received by three authorized agent M. Junction Service Ltd. Kolkata.
We further find from the record that auction was held on 14.9.10 and complainant was the highest bidder of the said auction sale and total auction money was settled Rs.11,70,000/- . It is also noted that the said company told the complainant after registration of sale certificate, sanction plan, mother deed and others documents will be provided to him. Sale certification was registered on 2.12.10 and the said company told the complainant to give the enter money and complainant paid the enter money by bank draft of Rs.13,11,000/-.
It is seen from the record that on 2.12.10 sale certificate was registered in favour of the complainant that one Shaktipada Basu of said company made a declaration that the company will give all documents after supply of Xerox copy of sale certificate.
It is also seen that complainant requested to supply the sanction plan mother deed but no sanctioned plan was supplied till date. It is also stated that said company made fraud upon the complainant because in the advertisement it is specifically stated that the total land 3 kattahs, 10 chittacks and 1325 sq.ft. flat but in the sale certificate land only 14 chittacks and there are 4 storied building and the said company did not hand over the said float to the complainant.
Further case of the complainant is that complainant incurred Rs.15 lakhs to the said flat, maximum money was accumulated by high interest from the market.
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to give possession of the building as per advertisement and is further directed to pay to the complainant compensation of Rs.75,000/- (Rupees seventy five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
