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.160/2013.
1) Uma Bairagi,
Flat No.4E, Block-A,
25A, Dr. S. C. Banerjee Road, Kolkata-10. ---------- 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 2.2.08 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 26.6.08 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.263, Dag No.600, described as “SONAR TORI’ project measuring an area of land of 1440 sq.ft.
The complainant made payment of the entire consideration money of Rs.1,20,012/- to o.ps. time to time but even after making payment of the entire consideration money in full 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 made the surrender letter to o.ps. on 29.3.11 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.
O.ps. failed to provide and/or render services to the complainant as per the promise made by them to the complainant and since as per the advise of o.ps. the complainant was compelled to surrender the papers relating to the schedule land in question with a view to get refund the total amount from o.ps., then o.ps. are liable to refund the amount of Rs.1,20,012/- to the complainant with 12% interest p.a. and the complainant is legally entitled to get refund from o.ps. 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.1,20,012/- (Rupees one lakh twenty thousand twelve) 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.
