- Ms. Amrita Mukherjee,
A-5/2, Siriti Housing Estate,
1, Raja Rammohan Roy Road, Kolkata-41. _________ Complainant
____Versus____
- Desire Agro Resorts Developments Pvt. Ltd.,
P-525, Raja Basanta Roy Road, P.S. Lake,
(Formerly at P-85, Lake Road), Kolkata-29.
- Manager / Authorized Officer representing
Desire Agro Resorts Developments Pvt. Ltd. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 22 Dated 28-07-2014.
The case of the complainant in short is that the complainant booked a small plot of land measuring approximately three kathas, in Bidyutnagar Project (at South 24 Parganas) of M/s Desire Agro Resorts Development Pvt. Ltd. (o.p) in April 2007, jointly with her father Kashinath Mukherjee for dwelling purpose, keeping the complainant as the first applicant. The total contract price for the said plot was Rs.1,80,000/-. As per seller’s terms, initial deposit @ 20% of contract value i.e. Rs.36,000/- and subsequent EMI @ Rs.4000/- for 36 months were required to be paid to arrive at the above contract value for the subject plot.
Complainant paid five installments @ Rs.4000/- after paying the initial deposit of Rs.36,000/-. Thereafter, complainant made an adhoc payment of Rs.33,050/- which resulted in reduction of EMI to Rs.3030/- from earlier figure (of Rs.4000/-). Then, the complainant paid further nine installments @ Rs.3030/-. Thus, a total sum of Rs.1,16,320/- was paid until Sept. 2008.
Subsequently, owing to retirement of Kashinath Mukherjee, the complainant’s father, in 2008 itself, the complainant fount it difficult to pay EMI any further. So the complainant was compelled to withdraw the said booking. Accordingly, as directed by o.p., the complainant returned through former’s agent all original documents viz. agreement, certificate of booking, money receipts, updated financial data of customer (complainant) under cover of a o.p’s prescribe ed letter surrendering the subject plot in favour of the o.p. and consequently establishing claim for a refund of the money so far paid by complainant. This letter was acknowledged by o.p. under their seal and signature with reference no.SL 1934 on 24.8.10.
Since then the complainants have been following up with o.p. constantly upto the level of their Managing Director asking for the refund of money paid by the former in this instance, but till the date of submitting this petition before the Hon’ble Forum, no payment has been released, although verbal assured by o.p. has been made quite a number of times and failed as usual. There is instance of negligence and gross deficiency from the end of the o.p. Petitioner has been representing for the refund of the amount innumerable times, but all went in vain.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
In view of the findings above and on perusal of the entire materials on record, we find that the agreement is in the name of Amrita Mukherjee and Kashinath Mukherjee. But the complaint has been filed by Amrita Mukherjee along and Kashinath Mukherjee, the father of the complainant has not been impleded as a complainant in this case and the case is bad for non-joinder of parties. In view of the findings above, we are constrained to hold that the complainant has failed to substantiate to prove her case and is not entitled to relief.
Hence, order,
That the case stands dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
