13....18.04.2022...
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
That the complaint be and the same is hereby allowed exparte against the OPs with cost of Rs.10,000/-.
The OPs jointly and severally are directed to pay Rs.1,50,000/- (Rupees one lakh fifty thousand) only @ 10% p.a. w.e.f. 29.08.2009 (day after the last payment) till the date of realization by 60 days from the date of this order.
OPs jointly and severally are directed to pay Rs.20,000/- as compensation for mental pain and agony caused to complainant.
Complainant is at liberty to put the order into execution if the orders are not complied.
Let a copy of the order be supplied free of cost to the parties concerned.
The final order will also be available in the following website www.confonet.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO._02_ OF 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
14.01.2021 28.01.2021 18.04.2022
Present : President : Debasish Bandyopadhyay
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANTS : 1. Smt. Ratna Mitra,
residing at 3, N. N. Dutta Road, Madhushree Apartments, Flat – 3T, P.O. – Azad Garh, P.S. – Regent Thana, Pin – 700 040.
2. Miss Deepshikha Mitra, D/o. Mrs. Ratna Mitra,
residing at 3, N. N. Dutta Road, Madhushree Apartments, Flat – 3T, P.O. – Azad Garh, P.S. – Regent Thana, Pin – 700 040.
Versus
O.P/O.Ps :1. Broadway Realtors Pvt. Ltd.,
(Registered under Companies Act, 1956)
Represented by its Board of Directors,
P-593, Purna Das Road, P.S.-Lake,
Kolkata-700 029.
2. Smt. Manisha Ganguly, Director,
42A/A, Baniapukur Road, Near Islamia School,
P.O. & P.S. – Entally, Kolkata-700 014.
Smt. Sangita Paul, Member
This is a case filed by Smt. Ratna Mitra of N. N. Dutta Road of Kolkata-700 040 against Broadway Realtors Pvt. Ltd. and Smt. Manisha Ganguly, Director of the said company with a claim for a direction to the OPs to refund the total paid amount of Rs.1,50,00/- only to complainant with interest to pay further sum of compensation of Rs.3,00,000/- only for suffering from mental pain and agony and to pay Rs.50,000/- as litigation cost.
OP No.1 is Broadway Realtors Pvt. Ltd. The Company is registered under Company’s Act, 1956. Company is represented by its Board of Directors.
OP No.2 is Manisha Ganguly She is the Director of Broadway Realtors Pvt. Ltd. The Company is situated at 42A/A, Beniapukur Road, Kolkata-700 014.
Complainant by filing this case states that she is willing to purchase a plot of land under progress, the unit-name of the project is Shewag, the name of the particular project is Ujjaini, which is situated at Jainpur. She wanted to book the plot for her son Master Indraneel Mitra, under the project of Broadway Realtors Pvt. Ltd. situated at P-593 Purna Das Road, P.S.-Lake, Kolkata-700 029. Complainant booked the plot No.CD/14 under Unit-name Shewag and the name of the project was Ujjaini. The Company was supposed to give other amenities and facilities. Complainant paid Rs.30,000/- only as booking amount i.e. 20% of the total price of Rs.1,50,000/- only vide application No.6824 dated 22.02.2006 and paid entire remaining balance amount of the said plot including the cost of construction of road and drainage area and other infrastructural development thereof by 48 equal installments.
Complainant entered into an agreement on 06.06.2006 with OP No.1 for purchasing the said plot of land being No.CD/14 measuring two cottahs (1440 Sq.ft.).under J.L. No.66, Mouza-Jayenpur, P.S. – Sonarpur, Dist.-South 24 Pgs. The total consideration price is Rs.1,50,000/- only. As per agreement, the OPs were supposed to complete the work within a reasonable time.
The OPs promised to deliver the possession of the scheduled plot to complainant on payment of total price and complete the transaction by execution and registration of the Deed of Conveyance after demarcating the schedule plot, and development of the same by constructing roads or pathways attached to the plot. After payment, the Broadway Realtors Pvt. Ltd. did neither develop the project as per their promise, by demarcating plots, constructing the connecting roads nor executed and registered the deed of conveyance in favour of complainant.
Seeing the conduct of the OPs, complainant sent a legal notice to OP No.1 but OPNo.1 fails to reply that letter till the institution of complainant. In spite of paying full consideration amount complainant did not get the plot.
The Act of OPs 1 & 2 is a breach of contract, deficiency in service and unfair trade practice.
It is, therefore, prayed by complainant to refund the total paid amount of Rs.1,50,000/- to complainant with interest by the Ops., to pay further sum of compensation of Rs.3,00,000/- only to complainant for her suffering from mental pain and agony and to pay a sum of Rs.50,000/- only as litigation cost.
Notice was sent to OP No.1 and it was served on 02.03.2021. Notice was sent to the OP No.3 but the same was returned with postal endorsement “unclaimed” which tantamounts to good service. But OPs 1 & 3 were absent on 30.03.2021. So, the case proceeded exparty against OPs 1 & 3. OP No.2 passed away. So the name of OP No.2 is expunged from the cause title of complaint petition. Complainant files evidence on affidavit. Argument was heard on 28.03.2022 and we proceeded for giving judgement.
Points of Consideration
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decisions with Reasons
- On perusal of documents and records it is evidence that complainant was willing to purchase a plot of land under progress. The Unit-name of the Project was Shewag, the name of the particular project was Ujjaini, situated at Jayenpur, the plot No. was CD/14, complainant wanted to purchase the land for her son Indraneel Mitra, under the Project Broadway Realtors Pvt. Ltd. of P-593, Purna Das Road, P.S.-Lake, Kolkata -700 029, the plot measures 2 cottachs i.e. 1440 Sq. ft., the width of the plot was 28.8 ft., and depth was 50 ft. C D No.1 was situated to the North of C D No.14, the plot of complainant, to the South of the plot, there was 20 ft. wide road. To the East of the Plot, there was C D 13. And to the West of the Plot, there was 20 ft wide road of the project. She booked the plot by making an initial payment of Rs.30,000/- on 22.02.2006 and she paid the entire balance amount including cost of construction and drainage and other infrastructural development by 48 equal installments. According to Clause 2-4 of the Agreement dated 06.06.2006. According to the agreement, the payment was completed on 28.08.2009. Complainant paid Rs.1,50,000/- only by several cheques. OPs did not enter appearance to oppose the statement. As complainant paid the full consideration amount, complainant is a consumer. So the first point is settled in favour of complainant.
- Complainant booked the scheduled plot for constructing a house of her own. Complainant booked the plot and paid the total amount of consideration. She started payment on 22.02.2006 and completed paying the full amount on 28.08.2009. Case was filed on 14.01.2021. Several communications have been made by complainant. Still complainant failed to get the scheduled plot. In spite of giving assurance, the OPs did not deliver the plot after development to complainant. A legal notice was sent to the OPs on behalf of complainant dated 10th November, 2020. Complainant’s Ld. Lawyer mentioned that a plot was purchased by complainant and full payment was also made in this regard. Still the OPs are reluctant to hand over the subject plot to complainant. According to the clause of agreement nothing of that sort happened. Complainant did not get the plot though payment was completed on 28.08.2009. It was clearly mentioned in the agreement that OPs would hand over the property after development of land and completion of metal road but complainant is yet to receive the subject plot. Complainant became hopeless of the OPs activities and attitudes. i) Development work has not been done by the OPs. ii) As a result, Deed of conveyance was not executed in favour of complainant. Iii) Complainant was not delivered possession though the payment as per agreement was completed. OPs tried to transfer the said plot to the third party. In the notice the OPs were requested to hand over the said plot to complainant without wasting time. But the OPs did not take any step. OPs were not in a position to transfer the subject plot in the name of complainant. Complainant had no other alternative but to request the OPs. But the OPs are reluctant to render the service. Once payment is made, OPs do not feel it important to do their duty. The activity of the OPs is a clear example of deficiency in service and unfair trade practice. So the 2nd point is settled in favour of complainant.
- Complainant prays to the OPs for handing over the said plot in the complainant’s name. But the OPs did not pay heed to complainant’s request. Complainant failed to get the subject plot. The dream of having a sweet home is shattered. Neither she got the plot, nor the amount which was paid by her. Hence, complainant is entitled to get relief as prayed for. So the 3rd point is also settled in favour of complainant.
In the result, complaint succeeds.
Hence,
ORDERED
That the complaint be and the same is hereby allowed exparte against the OPs with cost of Rs.10,000/-.
The OPs jointly and severally are directed to pay Rs.1,50,000/- (Rupees one lakh fifty thousand) only @ 10% p.a. w.e.f. 29.08.2009 (day after the last payment) till the date of realization by 60 days from the date of this order.
OPs jointly and severally are directed to pay Rs.20,000/- as compensation for mental pain and agony caused to complainant.
Complainant is at liberty to put the order into execution if the orders are not complied.
Let a copy of the order be supplied free of cost to the parties concerned.
The final order will also be available in the following website www.confonet.in.
