West Bengal

South 24 Parganas

CC/5/2014

SUMAN BHOWMIK. S/O, Sri Sudarsan Bhowmik. - Complainant(s)

Versus

DESIRE AGRO RESORTS DEVELOPMENT PVT. LTD. - Opp.Party(s)

30 Sep 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. ___5  OF ___2014______

 

DATE OF FILING : 7.1.2014     DATE OF PASSING JUDGEMENT:_30.9 .2015__

 

Present                        :   President       :   Sri Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu  & Sri Jinjir Bhattacharya                                      

 

COMPLAINANT                  :  Suman Bhowmik,s/o Sri Sudarsan Bhowmik of 320, Hill Views  South Asansol, P.O Chalidanga, P.S Asansol(South) , represented by his father Sri Sudarsan Bhowmik

 

-VERSUS  -

 

O.P/O.Ps                                :       M/s Desire Agro Resorts Development Pvt. Ltd. at

P-80, Lake Road, P.S. Tollygunge, Kolkata – 29 represented by one of its Driectors Sri Ashok Kumar Bose.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

            The petition of complaint made under section 12 of the C.P Act ,1986 has been filed by Sri Suman Bhowmik against the O.Ps for execution and registration of the deed of conveyance in respect of the plot booked with the O.P and delivery of possession,alternatively to refund the consideration amount paid  thereon.

            Facts of the case arising out of the petition of complaint are that on 12.2.2008 the complainant entered into an agreement for purchase of plot measuring more or less 1800 sq.ft at Mouza Joy Krishnapurchiary , P.S Sonarpur, South 24-Parganas from the O.Ps at a consideration of Rs. 1,50,000/-. The complainant paid the entire consideration amount and also made excess payments of Rs.29,697/- . Rs.15000/- was taken by the O.Ps towards registration charge and stamp duty. In the monthy of Septemebr, 2013 when the complainant visited the O.P , he was surprised to hear that the O.P has lost control over the land and the O.P is not in a position to hand over the land and execute and register the deed of conveyance in favour of the complainant.  Complainant’s request for refund of consideration money yielded no result and hence the case.

            The O.P though appeared and filed a petition challenging the maintainability of the case, but the same is dismissed by the Hon’ble State Commission and ultimately the O.P did not contest the case ,for which the case proceeded exparte agaistnt the O.P.

After scrutinizing four corners of the case following points are in limelight :

1. Whether there is any deficiency in service on the part of the O.Ps under the purview of the C.P Act.
2. Whether the complainant is entitled to get relief as prayed for partly or fully.

                                                            Decision with reasons

             It is admitted fact that the total consideration amount, even more than that, has been paid and on development of the land delivery was scheduled to be given. The deed of agreement is the essence of the deal and the O.P cannot claim consideration amount more than that stipulated within the contract. The O.Ps seem to have intended to adopt unfair trade practice. The tendency of playing tricks with the hard earned money of the public is a social evil and in certain cases such tendency leads towards scam. In all respect the O.Ps have failed to act as per agreement . As a result the case succeeds. There is clear deficiency on the part of the O.Ps the service provider and the complainant is entitled to get relief.

            Hence,

                                                            Ordered

That the petition of complaint is allowed exparte against O.P with a cost of Rs.5000/-.

O.P is  directed to deliver possession of the subject property after completing the development work and also to execute and register the deed of conveyance in respect of the property in favour of the complainant as per agreement for sale within one month from this day .

The O.ps are also   directed to pay a compensation of Rs.1,00,000/- to the complainant for his mental agony and harassment within the time stipulated above failing which the sum of Rs.1,05,000/- will carry an interest of 9% p.a till realization.

Let a plain copy of judgement be supplied to the parties free of cost as per rule.

 

 

Member                                   Member                                                           President

 

 

Dictated and corrected by me

 

 

 

                        Member

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the petition of complaint is allowed exparte against O.P with a cost of Rs.5000/-.

O.P is  directed to deliver possession of the subject property after completing the development work and also to execute and register the deed of conveyance in respect of the property in favour of the complainant as per agreement for sale within one month from this day .

The O.ps are also   directed to pay a compensation of Rs.1,00,000/- to the complainant for his mental agony and harassment within the time stipulated above failing which the sum of Rs.1,05,000/- will carry an interest of 9% p.a till realization.

Let a plain copy of judgement be supplied to the parties free of cost as per rule.

 

 

Member                                   Member                                                           President