West Bengal

Kolkata-III(South)

CC/157/2018

Mrs. Swati Dutta. - Complainant(s)

Versus

Golden Point Landcon Pvt. Ltd. - Opp.Party(s)

P.Gayen.

27 Jun 2019

ORDER

CONSUMER DISPUTE REDRESSAL FORUM
KOLKATA UNIT-III(South),West Bengal
18, Judges Court Road, Kolkata 700027
 
Complaint Case No. CC/157/2018
( Date of Filing : 26 Mar 2018 )
 
1. Mrs. Swati Dutta.
W/O Debaprasad Dutta of 46/2/6, Kazipara Road, Behala, Kolkata-700034, Dist-South 24 Pgs.
...........Complainant(s)
Versus
1. Golden Point Landcon Pvt. Ltd.
of 131/1, Satyen Roy Road, P.S. Behala Kolkata-700034 Dist-South 24 Pgs. also at 117, Diamond Harbour Road, Opposite Mandal Para, Joka, Kolkata-700104, Also at Pally Mangal Colony, P.S.- Thakurpukur, Kol-63, also at L.P. 1/144, Diamond Harbour Road, Joka, Kolkata-743512.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Balaka Chatterjee PRESIDING MEMBER
 HON'BLE MR. Ayan Sinha MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 27 Jun 2019
Final Order / Judgement

Date of filing : 26.03.2018

Judgment : Dt.27.06.2019

Mrs. Balaka Chatterjee, Hon’ble Member

        This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Mrs. Swati Dutta alleging  deficiency in  service and unfair trade practice on the part of the Opposite party  Golden Point Landcon Pvt. Ltd.

          Case of the complainant in  brief is that the complainant  entered into an Agreement for Sale on 27.10.2012  with the Opposite Party  (referred as OP hereinafter ) represented by its Managing Director   namely Sri Dipankar Naskar, in respect of a plot of land  being no.448, measuring about  3 cottah ( 2160 sq.ft.) in the ‘Puspa Kunja Township Project’ launched by the O.P  lying and  situated at Ashuti  2 No. Gram Panchayet, Touzi No. – 29, J.L. No.40, Khatian no. 249,Dag no. 72 under Mouza – Kalgachia, P.S. – Mahestala, Dist – South 24-Pgs. West Bengal at a consideration of Rs.3,75,000/- and paid entire consideration  amount. The complainant has stated that  the complainant has also paid additional   amount for constructing a structure thereon and  as per terms of the  Agreement for Sale  dt. 27.10.2012 possession of the property in question  was to be handed over  after expiry of  18 months from the date of execution of Agreement for Sale. It is further stated by the complainant that on several times  she  requested the OP to handover possession and to register the Deed of Conveyance in favour of her and the OP by a letter dt. 19.06.2016  intimated the complainant that the  property in question  would be handed over within January 2017 . It is specific allegation of the complainant  that inspite of receiving entire consideration amount the OP did not handover possession  and register the Deed of Conveyance  in favour of the complainant  even after expiry of  18 months from the date of execution of Agreement for Sale and, in violation of the terms of the agreement intimated the complainant that  possession would be handed over within January  2017  but that  too never happened and  such act of the OP  caused mental harassment  to the  complainant and, therefore, the complainant on  10.03.2018 issued legal notice through her Ld. Advocate upon the OP but that too yielded no fruitful result and, therefore, the complainant by filing the instant consumer complaint  prayed for direction upon the OP to handover possession of the property in question   and register the Deed of Conveyance  in favour of the complainant alternatively to refund  entire consideration  amount along with interest @ 18% p.a., to pay Rs. 1,00,000/- towards  compensation and Rs. 10,000/- as cost of litigation and other reliefs.

          The complainant adduced copy of  Agreement  for Sale  dt. 27.10.2012, Money receipts  dt. 26.6.11, 28.7.11, 22.10.11,22.10.11, 25.11.11, 27.12.11, 31.1.12, 20.4.12. 25.7.12. 20.12.12, 10.2.13 14.3.13,16.4.13,16.6.13,6.6.13.17.7.13,18.1.14,12.3.14, 12.3.14.14.11.12, 27.6.14, 27.6.14, 12.4.16, 27.7.16, Letter dt. 19.6.16 issued by the OP, to the complainant  certificate of allotment, letter dt.17.9.11 issued by OP legal notice dt. 10.3.2018 issued from the end of the  complainant.

          Notice was  served but the OP did not turn up so the case was proceeded  exparte vide order dt.  26.10.18.

          The complainant prayed or treating the petition  of complaint as affidavit  in chief. Prayer  was allowed.

          The complainant filed  brief notes of argument.

Decision with reason

          The complainant claimed  to have entered into an Agreement for Sale  with OP on 27.10.2012  in respect of a plot of land measuring about 3 cottah at a consideration  of  Rs. 3,75,000/- . In support of such averment the complainant  has filed a copy of Agreement for Sale  dt. 27.10.2012 wherefrom it appears that Agreement for Sale  dt.  27.10.l2012  was executed by and between the parties  in respect of a plot being no.448 lying and  situated at Touzi no.29,  J.L. No.40,Khatian No.249, Dag No.  72 under Ashuti 2 No. Gram Panchayet, Mouza – Kalagachia, P.S. – Maheshtala, Dist- South 24-Pgs. It further appears from Agreement for Sale  dt. 27.10.2012 that entire consideration amount was Rs. 3,75,000/-  and the said property would be developed within   18 months from the date of execution of the  Agreement for Sale and failing which the  vendor  would refund the entire paid amount  along with  18% interest.

          On perusal of the documents on record it is  found that the OP vide letter dt. 17.9.11 informed the complainant that the OP received  20% of consideration amount i.e.  Rs. 84,000/- in June & July and balance consideration  amount would be paid by the complainant by  36 equal instalments @ of Rs. 9334/- each  as per settled terms   entered  between the parties. However, on perusals of Certificate for Allotment it appears  that  complainant paid Rs.  84,000/- towards  down payment and money receipts shows that as per terms  the complainant paid  36 equal instalment of Rs. 9334/- . It is , therefore, evident that the complainant paid entire consideration amount. Money receipt reveals that  last  instalment  was paid on 27.7.16. Letter dt.  19.6.16 issued from the end of the OP also  reveals that there was no dispute regarding payment of consideration.

          Therefore it is evident that the complainant has been abide by  the terms of the said Agreement but the  OP  in violation of the terms of the  Agreement has been deviated from the agreed terms which is  glaring example of efficiency in service on the part of the OP and therefore the complainant is entitled to the relief.

          Regarding first prayer, we are of opinion that this prayer  may be allowed.

          Regarding prayer for compensation, we are of opinion  that if compensation is allowed it will serve two fold benefit to the complainant and, therefore, we are not  inclined to allow such prayer.

          The OP compelled the complainant to file this complainant  and therefore the OP is  liable to pay cost of this proceedings.

          In the result, consumer complaint succeeds.

          Hence,

                              Ordered

          That CC/157/2018 is allowed exparte with cost.

`        The OP is directed to execute and register the Deed of Conveyance in favour of the complainant and handover possession of the  plot no.448 lying and situated at  Ashuti 2 No. Gram Panchayet , Mouza – Kalagachia, P.S. – Maheshtala, Dist- South – 24- Parganas within two months from the  date of this order  alternatively to refund Rs. 3,75,000/-  along with  interest @ 18% p.a. from the date of payment of last instalment  i.e. on and from  27.07.2016 till realisation in full.

          The OP is further directed to pay Rs. 10,000/- towards cost of  litigation  within  aforesaid period.

 
 
[HON'BLE MRS. Balaka Chatterjee]
PRESIDING MEMBER
 
[HON'BLE MR. Ayan Sinha]
MEMBER

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