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. 565/2012 1) Smt. Rajkumari Banerjee, G-21/3, Karunamoyee Housing Estate, P.S. Salt Lake, Kolkata-91. ---------- Complainant ---Versus--- 1) Vedant Chem (P) Ltd., Unit-Tribeni Abasan, 44A, Rafi Ahmed Kidwai Road, P.S. Park Street, Kolkata-71. 2) Mr. Lalit Nathany, 44A, Rafi Ahmed Kidwai Road, P.S. Park Street, Kolkata-71. ---------- Opposite Parties 3) Mrs. Maya Prodhan, Head Mistress, Adarsha Balika Vidyalaya (Primary Section), 6A, B.T. Road, Kolkata-2. ---------- Proforma Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Smt. Samiksha Bhattacharya, Member Order No. 7 Dated 12-06-2013. The case of the complainant in short is that some agents of o.p. came to complainant’s place in the year 2003 and persuaded to book some plots of land accordingly and complainant made a contract with o.p. O.p. office described themselves as developers and promotes and they explained that they develop and promote land and intended purchasers may apply / seek for the service to get the plot of land. Accordingly, complainant got interested and decided to hire their service to purchase developed plots of land @ Rs.,48,000/- per cottah. O.p. office showed complainant the site plan and drawings and suggested and persuaded complainant to book three plots vide No.AV-1, No.AV-3, No.AV-4 of Tribeni Abasan measuring 3 cottahs each for residential and other purposes. Complainant issued a cheque for Rs.43,200/- being 10% of the total price as advance for booking the 3 plots vide cheque no.069853 dt.31.7.03. Complainants had been paying off the installments the first being through cheque issued on 18.11.03 and thus through installments a total sum of Rs.3,92,000/- was paid to the o.p. company as full and final amount to save Rs.40,000/-. Complainant has thus paid a total sum of Rs.3,92,000/- as the full and final payment (save Rs.40,000/-) which was to be followed by the registration of the plots in favour of complainant and receive the balance of Rs.40,000/-. Complainant persuaded the o.p. to please arrange for the registration of the plots in favour of complainant was agreed and decided upon earlier. Being frustrated by cold and stony behaviour of the o.p. the complainant got panicky and lodged a complaint to the O.C. Park Street P.S. on 4.4.09 under the seal and signature for redresal. Complainant issued a legal notice to the o.p. on 26.4.12 requesting to take appropriate steps for the registrations of the plots save any further delay but to no result as yet. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.ps. did not contest the case by filing w/v and matter was heard ex parte against the o.ps. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular and we find that the contention of the complainant is that o.ps. did not execute the deed of conveyance in respect of the plot of land and the plot of land does not come within the meaning of deficiency as defined in the C.P. Act, 1986. Therefore, we are constrained to hold that the complainant is not entitled to relief. Ordered, That the instant case no.565 of 2012 stands dismissed ex parte without cost. Complainant is at liberty to agitate the issue before the appropriate Forum on the self same cause of action. Supply certified copy of this order to the parties free of cost. |