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.373/2010.
1) Paramita Bera,
2) Sucharita Guria,
Both of 41/2, Lakshmi Narayantala Road (LNT Road),
P.S. Shibpur, P.O.Botanical Garden,
Dist. Howrah - 3, Pin - 711103. ---------- Complainant
---Versus---
1) Desire Agro Resorts Development Pvt. Ltd.
P-525, Hemanta Mukhopadhyay Sarani,
(Raja Basanta Roy Road), Kolkata-29, P.S.Lake.
(Previous Address: P-85, Lake Road, Kolkata-29).
2) Ashoke Bose, Managing Director,
Desire Agro Resorts Development (P) Ltd.
P-525, Hemanta Mukhopadhyay Sarani,
Kolkata-29, P.S.Lake.
3) Sanjoy Kr. Shaw, Director,
P-525, Hemanta Mukhopadhyay Sarani,
Kolkata-29, P.S.Lake. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 31 Dated 30-10-2013.
The case of the complainant in short is that complainants booked two plots of land vide no.C-44 and C-47 at Eastern Medows (Extn.) by initial payment of Rs.52,000/- on 1.9.04. The total amount payable for two plots was Rs.2,80,000/-. The remaining amount Rs.(2,80,000 – 52,000) i.e. Rs.2,28,000/- was payable by 36 EMIs.
Complainants were to pay the monthly instalment regularly and o.p. simultaneously was to develop the land so that the plot may be handed over to the complainants after 36 months when full payment was to be completed by complainants by that time. Complainants paid a sum of Rs.1,61,474/- for the period from 1.9.04 to 11.7.06 when about two years had passed since the plots booked.
Complainants represented and persuaded the o.p. several times to please start and expedite the development work down but on all occasions o.p. assured immediate action but did nothing.
However, when about 4 ½ yeas had passed Ashoke Bose, M.D. expressed his willingness to start the development work and to meet complainants on 12.2.09 at 6-30 p.m. which he willfully avoided. After several attempts complainants were able to meet M.D. on 7.7.09. After prolonged discussion he agreed to refund the money with 25% appreciation and instructed the complainants to deposit the original documents to his office. Complainants deposited all the original documents on 10.7.09 (Sl No. of the receipt 1647) and on 13.3.09 Sl No.1652) and sent a reminder letter dt.12.10.09 to M.D. for refund of the money. But he did not respond.
Complainants lodged a complaint to the O.C. Lake P.S. on the 1st or 2nd week of Feb. 2010.
But till now no fruitful result was obtained. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
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.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that despite receipt of the amount o.ps. did not execute and register the deed of conveyance, although complainant paid consideration money for the development of the plot in question.
In the context of the above we find that o.ps. had deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to register the deed of conveyance in the name of the complainants for respective plots or to refund Rs.1,61,474/- (Rupees one lakh sixty one thousand four hundred seventy four) only towards the amount paid by the complainants to o.ps. and complainants are directed to give the balance amount and o.ps. are further directed to pay to the complainants 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.
