c  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. _83_ OF ___2016_

DATE OF FILING : 9.8.2016                       DATE OF PASSING JUDGEMENT:  03/04/2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker

COMPLAINANT             :   Smt. Arpita Goswami, w/o Mr. Swarup Goswami, Flat-B/3, 131/1A, Briji Road, Mekhla Apartment, Kadamtala (W), Garia, Kolkata – 84.

• VERSUS  -

O.P/O.Ps                                :  1. Director/Authorised Officer,  M/s ABS Land Development Construction Pvt. Ltd. 13/B, Jatin Das Road, P.S. Ballygunge, Kolkata – 29

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                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

            This is the  short case of the complainants  that  an agreement for sale was executed on 10^th March, 2011 between the O.P and the complainant for purchasing  a land under the project of O.P namely “Baruipur Enclave”  equivalent to 2 cottahs 5 chittaks 5 sq.ft comprising dag no.51, Khatian no.1161, Mouja-Pirkhali under Julpia Garam Panchayet, P.S. Bishnupur, at a total consideration of Rs.3,94,400/- . It has contended by the complainant that total consideration money already paid as per agreement . But inspite of several communications for delivery of possession of the plots to the complainants, nothing was done for which complainants lost his faith in respect of the plot of the O.Ps . Hence this case with a prayer to pass necessary direction upon the O.Ps jointly and/or severally to deliver khas possession and to execute and register the deed of conveyance in respect of the plots and also prays for compensation of Rs.1,00,000/- and litigation cost of Rs.25000/-.

            The O.Ps though appeared ,did not file written version even after imposing cost, for which the case is proceeding in exparte against them.

            Points for decision in this case is whether there is any deficiency in service and unfair trade practice on the part of the O.Ps or not.

                                                                        Decision with reasons

             We have gone through the agreement for sale along with the money receipts and we find that there is no dispute that O.Ps were agreed to sell  plots mentioned in the agreement for sale to the complainants but the said plots were not handed over to the complainant. It is true that there is no specific date to hand over the plot in dispute but fact remains that there is least possibility to hand over the plots ,for which complainants rightly made alternative prayer for refund of full consideration money with interest. We find nothing to disbelieve the case of the complainant and the same is allowed and it is just and proper to accept the alternative prayer i.e. refund of the full consideration money with interest from the date of filing the case till realization, otherwise it would be very difficult for the complainant to get the plots as per agreement for sale from this type of O.Ps who have no faith upon the agreement made by them and in order to grab the money and to sell the said plot in higher price to others, the amount is collected  from the complainant  which is unfair trade practice and deficiency of service on the part of the O.Ps.

            Hence,

                                                                        Ordered

That the application filed under section 12 of the C.P Act is allowed in exparte against the O.P with cost of Rs.10,000/- ,which will be borne by the O.P.

The O.P is directed to refund the entire consideration money of Rs.3,94,400/-  along with interest @10% p.a from the date of filing the case i.e. 9.8.2016 to till its realization.

The O.Ps are further directed to pay jointly and/or severally compensation to the tune of Rs.50,000/- to the complainant within 30 days from the date of this order.

All the payments should be made within 30 days from the date of this order, failing which, complainant is at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

                                                Member                                                                       President

Dictated and corrected by me

                        President

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

                                                                        Ordered

That the application filed under section 12 of the C.P Act is allowed in exparte against the O.P with cost of Rs.10,000/- ,which will be borne by the O.P.

The O.P is directed to refund the entire consideration money of Rs.3,94,400/-  along with interest @10% p.a from the date of filing the case i.e. 9.8.2016 to till its realization.

The O.Ps are further directed to pay jointly and/or severally compensation to the tune of Rs.50,000/- to the complainant within 30 days from the date of this order.

All the payments should be made within 30 days from the date of this order, failing which, complainant is at liberty to execute the order through this Bench.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

                                                Member                                                                       President