1. Smt. Lopamudra Sengupta,

            Flat B-2 DL-213, Salt Lke,

            P.S. Bidhan Nagore East, Kolkata-91.

2)        Smt. Anindita Chowdhury

           6A, Jatin Bagchi Road, Flat A-6,

           P.S. Lake, Kolkata-29.   

Through:

            Consumers’ and Elderly’s

            Rights Protection Society

            Regn. No.S/1L/No 57340 of 2008-2009

            Having its Regd. Office at

            4H, Shanagar Road, P.S. Tollygunge, Kolkata-26                                         _________Complainants.

____Versus____

1. Director, Desire Agro Resorts Development Pvt. Ltd.,

            P-525, Hemanta Mukhopadhya Sarani,

            (Formerly Raja Basanta Roy Road),

            1^st Floor, P.S. Tollygunge, Kolkata-19                                                     ________ Opposite Party

Present :           Sri Sankar Nath Das, Hon’ble President

                                    Smt.  Samiksha Bhattacharya, Member

Order No.   28    Dated   27-04-2015

          The case of the complainants in short is that complainants being allured by the agent of o.p. decided to purchase one Type ‘A’ plot of land bearing no.233 of Eastern Meadows Project of o.p. located at Bantala at the agreed total consideration price of Rs.1,20,000/- and booked the said plot of land on 19.2.04 on payment of Rs.24,000/-. O.p. acknowledged receipt of said amount by cheque vide receipt dt.19.2.04 also on date issued an Acknowledgement Slip confirming booking of the said plot of land.

            On receipt of booking money above stated o.p. issued a certificate dt.29.3.04, giving the specification of the land in question. Besides, on the back of the said certificate the terms and conditions of the deal are depicted in detail. Apart from fore mentioned certificate o.p. handed over to complainants a computerized documents showing details of land with value, detailed particulars of intending purchasers, terms of payment.

            Complainants as persons of prudence paid entire of the consideration money by cheques in 36 installments of Rs.2667/- each as per terms of contract. O.p. acknowledged receipt of all the installments against duly stamped and signed receipts.

            The agreed installments were paid month by month upto 21.2.07 on or before the stipulated payment date. But after receipt of payment of entire of consideration inclusive of booking money as per agreement. O.p. did not take any action to hand over the possession of the land to complainants, which they intend to purchase, on execution and registration of deed of conveyance even after in time payment of entire of the agreed consideration and repeated visit to the office of o.p. and strong persuasions.

Decision with reasons:

            O.p. 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. It appears from the record that o.p. in their w/v stated that the present case does not have cause of action and barred by limitation and the same is not maintainable. It further appears from the record that the instant case suffers from mis joinder and non joinder of parties. 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.

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the cause of action arose within the stipulated period of limitation and the case does not suffer from mis joinder and non joinder of parties. In view of the findings above we find that the case is maintainable and we also find clear deficiency on the part of o.p. being service provider to their consumers / complainants and complainants have been able to substantiate their case and are entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.1,20,000/- (Rupees one lakh twenty thousand) only towards the total consideration amount paid by complainants and is further directed to pay to the complainants compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 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.

            Supply certified copy of this order to the parties free of cost.