In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 11 / 2009 1) Mrs. Suchitra Paul, 28, Prince Anwar Shah Road, Kolkata-700033. 2) Mr. Arun Kumar Paul, 28, Prince Anwar Shah Road, Kolkata-700033. ---------- Complainant ---Verses--- 1) Mr. Ashoke Kumar Bose, Managing Director, M/s. Desire Agro Resorts Development Pvt. Ltd., P-85, Lake Road, Kolkata-700029. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Order No. 1 2 Dated 0 6 / 0 1 / 2 0 1 0 . Complainants Mrs. Suchitra Paul and Sri Arun Kr. Paul by filing a petition of complaint u/s 12 of the C. P. Act on 13.1.09 have prayed for issuing direction upon the o.p. Ashoke Kr. Bose either to hand over possession of the developed plot of land no.98 or refund the money which was paid in full and received by the o.p. along with interest from the date of receiving 1st instalment for booking and Rs.5000/- as litigation cost and compensation of Rs.50,000/-. It is the specific case of he complainant Suchitra Paul that she deposited Rs.42500/- as advance as an instalment by cheque no.879820 on SBI in the name of o.p. for booking a plot of land at Diamond Gate, plot no.142 in 2.5 type and the o.p. advised the petitioner to pay Rs.4772/- only on 36 monthly instalments for purchasing the said plot of land and according to his advice petitioner Suchitra Paul continued to pay 11 instalments @ Rs.4722/- regularly up to March, 2005 and the o.p. received the same vide annex-1. On 15.3.04 her husband Arun Kr. Paul deposited Rs.42500/- in advance as an instalment by cheque no.879821 on SBI in the name of o.p. for booking a land at Diamond Gate, plot no.141 in 2.5 type and the o.p. advised the petitioner to pay Rs.4722/- only on 36 monthly instalments and the petitioner no.2 according to the advice of the o.p. continued to pay 11 instalments @ Rs.4722/- regularly up to March, 2005 and the o.p. received the same. The o.p. proposed for selling that plot no.98 at Middle Town to both the petitioners and the o.p. agreed to give facility to transfer plot no.141 and 142 at Diamond Gate to the plot no.98 Middle Town without any terms and conditions valued at Rs.312500/- and advised both the petitioners that earlier payment received from the both the petitioners will be adjusted for purchasing the new plot. Petitioners accepted the said proposal of the o.p. and petitioner no.2 decided to purchase plot no.98 in the name of his wife Suchitra Paul and accordingly, Suchitra Paul filed an application on 13.5.05 for booking for the said plot no.98 at Middle Town for land measuring 2 cottah 8 chittak at Mouza : Bhasa, Pargana : Magura, Khatian no.559, P.S. Bishnupur, 24 Parganas (South) type 2.5 K valued at Rs.312500/- on the basis of ‘Full Payment Scheme’ and the o.p. gave her assurance that possession will be handed over within six months after full payment and also undertook to execute and register an indenture in favour of petitioner no.1 at the Sub Registry Office, Bishnupur, 24 Parganas (South) and the said indenture was served to the petitioner on 15.4.08, but surprisingly on payment of consideration money of Rs.312500/- as per money receipt no. B 1481R/K0742N it was mentioned as Rs.2 lakhs. She informed the matter to the o.p. but he has not given any reply and finding no other alternative petitioners have filed this case on service of lawyer’s notice upon the o.p. with the aforesaid prayers. Decision with reasons :- It appears on perusal of the record that notices were duly served upon the o.p. and 14.4.09 was fixed for filing w/v, but the o.p. did not file w/v and as the o.p. has not filed w/v, the case is heard ex parte against the o.p. Annex-A is the money receipt dt.15.3.04 showing payment of Rs.42500/- and we have also perused other money receipts dt.28.4.04, 28.5.04, 29.6.04, 31.7.04, 29.5.04, 30.10.04, 30.11.04, 31.12.04, 31.1.05, 1.3.05 and all of Rs.4722/- each and another money receipt dt.13.5.05 of Rs.1213616/- and it also appears from annex-II the money receipt by cheque dt.15.3.04 showing payment of Rs.42500/- and another money receipt dt.28.4.04 showing payment of Rs.4722/-. We have also perused other money receipts dt.28.5.04 up to 1.3.05 showing payment of Rs.4722/- in each receipt. It also appears from application for booking annex-II that full payment was made for booking Middle Town plot no.98 type 2.5 K and the value of plot was Rs.312500/- dt.13.5.05. We have perused the indenture annex-IV. We have also perused the letter dt.19.11.08 annex-V sent by petitioner Suchitra Paul to the o.p. wherein she has requested the o.p. for giving necessary clarification regarding the payment and register to hand over the possession of said plot within 10 days from the receipt of this letter, failing which refund back the full amount of money with interest and compensation. We have also perused the lawyer’s notice sent by the lawyer of the complainant and in the lawyer’s letter it has been categorically mentioned that the petitioner has already paid Rs.3 lakhs but in the registered indenture, o.p. has mentioned the total amount of Rs.2 lakhs only. We have also perused the affidavit of examination in chief filed by the petitioner no.1 wherein he has stated that petitioner no.1 Suchitra Paul made full and final payment/settlement i.e. Rs.312500/- and she was surprised when she found that in the indenture the full consideration money of the said plot has been received by the o.p. from the petitioner as Rs.2 lakhs instead of Rs.312500/- although it was noted that full payment was made to the o.p. There is nothing to disbelieve the unchallenged testimony of the complainants as available from the petition of complaint supported by corroborative documentary evidence. Hence, Ordered, That the petition of complaint is allowed ex parte with cost against the o.p. Ashoke Kr. Bose. The o.p. is accordingly, directed either to hand over the possession of the land as described in the petition of complaint of plot of land no.98 positively within 45 days from the date of communication of this order or refund the money which was paid in full to the petitioner nos.1 and 2 in terms of the money receipts, annex-I,II & III positively within 45 days from the date of communication of this order, failing which, it will carry interest @ 10% p.a. till full realization. The petitioners do also get an award of compensation of Rs.10,000/- (Rupees ten thousand) only and litigation cost of Rs.5000/- (Rupees five thousand) only which is to be paid within 45 days from the date of communication of this order, failing which it will carry interest @ 10% p.a. till full realization. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. ____Sd-______ _____Sd-______ MEMBER PRESIDENT |
