This case arises with a Consumer Complaint u/s 17 of C.P Act, 1986 to the effect that the Complainants being attracted with the advertisement of M/S Galaxy Land Development Pvt. Ltd. have agreed to purchase the residential plots at Fulbari area within Jalpaiguri district. From the said Galaxy Land Development Pvt. Ltd. And after purchasing the said land by paying consideration money have been facing different problems hindering the peaceful possession and development of the plots and the premises due to the non-performance and non-compliance by the O.P as given under the documents for sale or brochures enumerating the conditions for the said premises. The said land development Pvt. Ltd. (O.P) had also violated the conditions of sale and did not discharge their obligations and the actions leading to the problems of the Complainants are as follows: -

1. Unauthorized sales of open spaces.
2. Weak security arrangement.
3. Insufficient and unhygienic water and no drainage system.
4. Defective and incomplete roads.
5. Incomplete infrastructure.
6. Lake not there though promised.
7. No arrangement of electricity.

That the Complainants in many occasions has approached the O.P to remove the problems and to discharge the obligations but no action was taken. So, the Consumer Complaint was admitted on merit and notice was sent to the address of the O.P through Post. The notice was returned unserved as the office of the O.P was closed. The Complainant by virtue of the order of this Bench published the notice of this case in Ajkal Patrika, 21.08.2021 edition.

In spite of such notice, the O.P never came to contest the Consumer Complaint. So, the case was heard Ex-parte.

The Complainants Dhrubajyoti Das, Kaushik Das, Sunny Dayal, Sanghamitra Roy Dutta were examined by way of swearing affidavits. They have also submitted the copy of deed of agreement and sale and other material documents. After, process of tendering evidences Ld. Advocate of the Complainants canvassed the argument along with Written Note of Arguments.

Points for consideration:

1. Are the Complainants as Consumers as defined in the Consumer Protection Act?
2. Has the Complainants any cause of action to register the Consumer Complaint?
3. Had there any deficiency of service and unfair trade practice on the part of Opposite Party Company?
4. Are the Complainants entitled to get reliefs as prayed for?

Decision with reasons

(Point Nos. 1& 2)

The instant Consumer Complaint was registered to the score that being allured with the advertisement on the part of Galaxy Land Development Pvt. Ltd. The Complainants has purchased residential plots from the said Pvt. Ltd. Company for construction buildings for dwelling purposes and by paying consideration price and as such they may come within domain of consumer as enunciated in the provisions of Consumer Protection Act, 1986. The O.P Company in spite of executing the agreement and taking prices from the Complainants did not discharge the obligations and violated the conditions undertaken by them in the deed of agreement of sale. And for that reason, the Complainant has every cause of action to raise the instant Consumer dispute. So, these two points are hereby decided in favour of the Complainants.

(Point Nos. 3 & 4)

These two points are taken up jointly for discussion for the sake of convenience. After, going through the agreement to sale and sale deed very carefully it is reflected that the O.P has violated the contract unilaterally as the O.P Company has sold out the open spaces which was promised to be kept for the use of the Complainants. It is further reflected that proper security which was promised could not be provided to the owners of the land including the Complainants and the entire landscape is the open from a land of all sides and local goons and anti-socials by taking this opportunity can do unauthorized gatherings, play cards, drink and threatens people.

It is further revealed that there was insufficient, unhygienic water and there is no drainage system which was promised on the part of O.P and for that reason the entire area becomes worst land and damaged during the rainy seasons. The further violation on the part of the O.P is not to manufacture metallic road as promised and the promise of basic amenities like road and other infrastructure was not provided to the Complainants in spite of collecting the hefty amounts from them. Beside that incomplete infrastructure, no community hall, no arrangement of electricity, no demarcation of land has caused serious hardship to the Complainants in enjoyment of their legal rights in the said land area. And for that reason, they are well entitled to get the reliefs as prayed for. The testimonies of Complainants remained unchallenged. On the contrary the Complainants has successfully proved their case. So, the Complainants are entitled to be compensated in a sufficient manner for the redressal of their grievances and for the deficiency of service and unfair trade practice on the part of the Opposite Party. So, the Complainants are deserved to get proper relief under the provisions of Consumer Protection Act as beneficiaries to the terms and conditions of the agreement to sale. So, the Opposite Party should be asked to provide proper relief to the Complainants. The Complainants have successfully substantiated their claim.

Hence, It’s ordered

That the instant Consumer Complaint filed by the Complainants is hereby allowed Ex-parte against the Opposite Party Galaxy Land Development Pvt. Ltd. with cost. The O.P is asked to pay Rs. 2,00,000 to each Complainants for breech of trust and unlawful trade practice on its part.

The O.P is asked to pay Rs. 1,00,000 to each of the Complainants as the compensation for mental agony, harassment etc. The Opposite Party is further asked to take care of the immediate work that should be done for the maintenance of the area including the boundary wall and the gates and structure of road within three months. The O.P is further asked to pay Rs. 10,000/- to each Complainants as cost of litigation. All the payments as mentioned above to be completed on the part of the O.P within the two months from this day, failing which 6% as interest Per-annum will be imposed over the entire decretal amount.

Let a copy of this order be supplied to the parties free of cost.