DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.456/2016
Date of Filing: Date of Admission Date of Disposal:
19.07.2016 08.08.2016 15.03.2017
Complainant = Vs. = O.P.
1.Dr. Saibal Ghosh, 1.Excella Realtors Pvt. Ltd,
S/o. Sri Tushar Kanti Ghosh, 74, Pallimangal Colony,
2. Smt. Kakoli Ghosh, 2nd floor, Panchanantala,
W/o. Dr. Saibal Ghosh, D.H. Road, Allahabad Bank,
4E/F, sumangal Garden, Kolkata- 700073,
AC-26 Daspara, Arjunpur, P.S. Behala.
Kolkata-700059, 2. Sri Raja Saha,
P.S. Baguiati. S/o. Sri Raja Saha,
S/o. Sri Mihir Saha,
Authorised Signatory of Excella
Realtors Pvt. Ltd,
G/C-11, Rabindrapally,
Kolkata-700059, P.S. Baguiati.
3.Smt. Soma Ganguly,
W/o. Sri Sukanta Ganguly,
Acting as an Agent
(Code : D-2472S/01) of
Excella Realtors Pvt. Ltd,
4.Sri Sukanta Ganguly,
S/o.Late Durga Prasad Ganguly
Both residing at H/J18,
Sachindra Lal Sarani,
Aswininagar, North 24 Pgs,
Pin-700159, P.S. Baguiati.
P R E S E N T :- Pradip Kumar Bandyopadhyay…President
:- Smt. Jhunu Prasad…………………….Member
J U D G E M E N T
This case has been filed by the complainant- Dr. Saibal Ghosh, on 19.07.2016 under Section 12of the C.P. Act, 1986 against Excella Realtors Pvt. Ltd, and others.
Dictated and Corrected Contd…..2/-
C. C. Case No.456/2016
- :: 2 :: -
The facts of the case, to put in a nutshell are as below:-
The complainants agreed to proceed for the purchase of a plot of land in one “Sampurnaa Township Project, floated by one Excella Realtors Pvt. Ltd. The complainant paid Rs. 5,27,186/- by instalments.
The O.Ps did not appear although the summon was served. Hence the case was taken up ex parte. The O.P did not also obey the agreement to convey the land for development. Thus, the complainant is agreed deficiency in service on the part of the O.P.
The complainant prayed the following things:-
1). Direction for return the amount of Rs. 5,27,186/- with 8% interest, compensation of Rs. 10,00,000/- and cost of Rs. 10,000/-.
From the pleadings of the complainant and Evidence-in-chief the following points have been framed for decision:-
1). Is the complainant a consumer?
2). Is the O.P deficient in service?
3). What relief the complainant is entitled to get?
4). Should the matter in dispute be decided in Civil Court?
Reasoned Decision
All the points are taken up together for the sake of brevity and convenience. Before we discuss the points, let us look at the documentary evidence.
The following documents have been filed by the complainant:-
1). Original brouchure of Sampurnna Project by Excella Realtors
2). Original Money receipts dt. 23.08.12, 25.09.12,31.10.12, 30.12.12 .
3). Notarised Agreement dt. 21.12.12.
4). Original Money receipts worth Rs. 3,93,750/- dt. 19.06.12 to 20.09.12.
5). Original Deed of conveyance.
6). Original letter from HIDCO dt. 08.10.15.
7). Printout from the Ministry of Corporate affairs dt. 02.12.15.
8). Original receipt dt. 09.12.15.
9). Original reply letter of the O.P. No.2 dt. 24.12.2015.
10). Printout of G-mail dated. 19.11.15.
11). Photocopies of Medical reports dated. 23.02.16 to 01.03.2016.
12). Original receipt of GDE 1036/16 Baguiati P.S. and letter of complaint
dt. 12.07.16.
The complainant filed Evidence-in-Chief on 19.12.2016.
The BNA was filed by the complainant on 19.01.2017.
Dictated and Corrected Contd…..3/-
C. C. Case No.456/2016
- :: 3 :: -
After perusing the documents and after hearing Ld. Advocate Ananya Das, we hold that there is deficiency on the part of the O.P. Nos. 1,2,3 and 4 jointly and severally. So, they are jointly and severally liable to pay Rs. 5,27,186/- to the complainant Nos. 1 and 2.
The unchallenged testimonies of complaints have proved the complaint case.
Hence,
Ordered
that the complaint be and the same is allowed ex parte against all the O.Ps.
The O.Ps are jointly and severally directed to refund the amount of Rs. 5,27,186/- with 6% interest to the complainant within one month from the date of this order.
The O.Ps are further directed jointly and severally to pay Rs. 5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within the stipulated period, failing which 10% interest shall be imposed on them from the date Rs. 5,34,186/- is due till the date of full realization.
Copy be delivered to the parties free of cost.
Member President.
Dictated & Corrected by me.
