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.162/2013.
1) Abani Kumar Halder,
25D, Bakultala Lane, P.O. Konnagar,
Dist. Hooghly, Pin – 712235. ---------- Complainant
---Versus---
1) Desire Agro Resorts Development Pvt. Ltd.
P-525, Raja Basanta Roy Road, Kolkata-29.
2) The Director,
Desire Agro Resorts Development Pvt. Ltd.
P-525, Raja Basanta Roy Road, Kolkata-29. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 8 Dated 28-11-2013.
The case of the complainant in short is that complainant was interested to book and purchase a plot of land from o.ps. knowing from the advertisement of o.ps. and accordingly as per the advertisement and/or offer of o.ps. the complainant paid the part consideration money of Rs.24,000/- on 5.1.08 to o.ps. out of total consideration money of Rs.1,20,000/- for purchase of 1440 sq.ft. land after making development work by o.ps. and the name of project is “SONAAR TORI”, Type “B” and the rest of the consideration money of Rs.96,000/- was to be paid by the complainant by 36 Nos. of equal installments for the amount of Rs.2667/- only as EMI.
O.ps. after receiving the application money of Rs.24,000/- signed an agreement on 10.7.08 with the complainant stating therein interalia the kind of services to be provided by o.ps. to the complainant along with the other terms and conditions of the agreement and the description of the plot of land to be handed over by o.ps. to the complainant at Mouza Natagachi, J.L. No.97, P.S. Sonarpur, Touzi No.109, Khatian No.253, Dag No.578, described as “SONAR TORI’ project measuring an area of land of 1440 sq.ft.
The complainant made payment of the mot of the consideration money of Rs.1,12,011/- to o.ps. time to time out of the total consideration money of Rs.1,20,000/- but even after making payment of the most of the consideration money, the development work has not been started by o.ps. and when the complainant asked to o.ps. regarding the status of the project at “SONAR TORI” then o.ps. told that due to some unavoidable circumstances, the said project has not been started as yet and for which o.ps. suggested for surrender of the papers and documents to get refund the money and also o.ps. promised to refund the entire consideration money to the complainant with 12% interest p.a. and accordingly the complainant was compelled to stop making three number of EMI to o.ps. and finally made the surrender letter to o.ps. on 30.3.11 which was duly received by o.ps. on 1.4.11 but even after expiry of long period of time, o.ps. failed to refund the consideration money received by them, to the complainant along with the interest @ 12% p.a. as promised by o.ps.
As per the agreement o.ps. shall after receiving the amount of Rs.72,000/- only from the complainant, handed over the plot of land in favour of the complainant by way of sale deed of conveyance but even after receiving the said amount, o.ps. failed and neglected to hand over the possession of the land by way of sale deed of conveyance in favour of the complainant and thereafter with a false assurance of delivery of the plot of land. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
Despite service of notice o.ps. did not appear and the matter was fixed exparte against o.ps.
Decision with reasons:
We have gone through the complaint petition, evidence and documents in particular and we find that complainant has been able to substantiate her case as there is clear deficiency on the part of the o.ps. while rendering service to the complainant and the complainant is entitled to relief.
Hence, ordered,
That the case is allowed exparte contest with cost against the o.ps. O.ps. are jointly and/or severally directed to register the deed of conveyance in favour of the complainant in respect of the plot in question and complainant shall make payment of the balance amount, if any, on the date of registration or o.ps. are jointly and/or severally directed to refund the amount of Rs.1,12,011/- (Rupees one lakh twelve thousand eleven) only to the complainant which the complainant actually paid to o.ps. and are further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty 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.
