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. 315 / 2010.
1) Shri Rajib Kumar Dutta,
2/C, Block-B, Mahananda Complex, Jamshedpur-8310011. ---------- Complainant
---Versus---
1) Fairland Development Pvt. Ltd.,
113/3, Hazra Road, Kolkata-700026.
2) Anwar Ali Molla, Managing Director, Fairland Development Pvt. Ltd.,
113/3, Hazra Road, Kolkata-700026 and
Residing at – 47, Park Street, Kolkata-700016. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 18 Dated 28/05/2012.
The petition of complaint has been filed by the complainant Shri Rajib Kumar Dutta against the o.ps. Fairland Development Pvt. Ltd. and another. The case of the complainant in short is that complainant entered into an agreement for sale on 26.9.06 with o.ps. for transferring 3 cottah 6 chitaks and 1 sq.ft. plot no.SUC 023 situated at Pailan and pursuant to the said agreement total consideration of land w fixed at Rs.1 lakh per cottah and total cost was fixed amounting to Rs.3,37,684/- payable in 36 installments and it was agreed upon by the parties in the said agreement that after payment of 12 installments o.p. should execute and register deed of conveyance within 30 days from the date of payment of 12th installments and/or 23.10.08. Complainant came to know through e-mail that the development work of the plot has been completed and o.ps. vide their e-mail dt.5.8.09 informed the complainant that the plot of land allotted in favour of the complainant was cancelled. Although, complainant was ready to pay the balance amount after payment of 12 installments out of 36 installments. Complainant made several correspondences but o.ps. did not pay heed to that. Hence, the case.
O.ps. did not enter into the case after valid service of the summon and nor filed w/vs and as such, matter has been heard ex parte against o.ps.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. In the instant case o.ps. have not appeared nor filed w/vs. We have gone through the materials on record and evidence of the complainant remains unchallenged testimonies and the same has not been rebutted.
Section 3 of the C.P. Act, 1986 has empowered and has extended jurisdiction of Consumer Forum to entertain matter like this, although there is an arbitration clause in the aforesaid clause in the aforesaid agreement. Moreover, Hon’ble National Commission is of the views that undeveloped plot after development and its alienation falls very much within the ambit and scope of Consumer Forum. Therefore, we hold that o.ps. had deficiency being a service provider to their consumer / complainant as is apparent from the materials on record and complainant is entitled to relief.
Hence, ordered,
That the case of the complainant is allowed ex parte in part with cost against all o.ps. All o.ps. are directed jointly and/or severally to complete the work of development and to hand over the plot in question to the complainant and o.ps. are also directed to execute and register the deed of conveyance as per agreement between the parties to this case. O.ps. are also directed to pay Rs.50,000/- (Rupees fifty thousand) only towards compensation to the complainant for his harassment, financial loss and tremendous mental agony. O.ps. are also directed to pay Rs.10,000/- (Rupees ten thousand) only to the complainant towards litigation cost. At the same time complainant is directed to pay balance amount of the consideration money, if not already paid in full, at the time of registration of deed of conveyance.
Parties are directed to comply the aforesaid order within 90 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire award payable by o.ps.
Supply certified copy of this order to the parties.
_____Sd-_______ _____Sd-_____ ______Sd-______
MEMBER MEMBER PRESIDENT
