Judgment : Dt.16.8.2017
This is a complaint made by Twisham Ghatak, son of Dilip Kumar Ghatak of Ashirbad Complex, 2nd floor, 2D, R.B.C.Road, Prasadpur, Barasat, Kolkata-700 124 against – (1) Goldenpoint Landcon Pvt. Ltd., having its registered office at 131/1, Satyen Roy Road, P.S.- Behala, Kolkata-700 034, OP No.1, (2) Dipankar Naskar, Managing Director at Goldenpoint Landcon Pvt. Ltd. having its registered office at 131/1, Satyen Roy Road, P.S.- Behala, Kolkata-700 034, OP No.2 and (3) Sabir Pailan, Director, Goldenpoint Landcon Pvt. Ltd., having its registered office at 131/1, Satyen Roy Road, P.S.- Behala, Kolkata-700 034, OP No.3, praying for refunding of Rs.7,17,750/- and paying interest @ 18% p.a. from the date of investment till realization and compensation of Rs.5,00,000/- and litigation cost of Rs.30,000/-.
Facts in brief are that Complainant is a serviceman working as Asst. Senior Manager. OP No.1 is a Pvt. Ltd. Company. Complainant further has state that OP No.2 is the Managing Director of OP No.1. Complainant was in search of purchasing a land for developing and constructing a building for his family members. In the last week of January, 2013, Sabir Pailan, OP No.3 and Dipankar Naskar approached the Complainant through their sales Manager introducing themselves as Director and Managing Director of Goldenpoint Landcon Pvt. Ltd. On their approach Complainant agreed to purchase a plot of land of 3 cottahs for a price of Rs.7,42,500/-. They also convinced the Complainant that after depositing of Rs.2,97,000/- the Complainant would be the owner and thereafter the rest of money Complainant will be paying in installments of Rs.12,375/-. They entered into an agreement. As per the agreement, Company took the responsibility of preparing necessary deeds and documents. Complainant paid the installments to the OP No.1. Ultimately, on 4.12.2015 Complainant paid to the tune of Rs.7,17,750/- excluding two installments of Rs.12,375/-. After that Complainant requested Mr.Sabir Pailan and Dipankar Naskar on several occasions for developing the said plot of land in favour of the Complainant. But, in spite of repeated demand the land was not developed. Thereafter, Complainant visited their office and requested them refunding of the money. But, they did not refund the money. So, Complainant filed this case.
OPs did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion, it appears that Complainant has prayed for refund of Rs.7,17,750/-. Further, it appears that Complainant has filed a Xerox copy of the agreement for sale, which reveals that Complainant paid Rs.2,97,000/- at the time for agreement for sale. Complainant has also filed Xerox of the receipts which reveal that the money has been paid by the Complainant to the OP. The allegation brought by the Complainant remains un-rebutted and unchallenged. So, it appears that Complainant is entitled to the relief of that Rs.7,17,750/-. Further, Complainant has prayed for payment of compensation of Rs.5,00,000/- which appears to be excessive. However, considering the facts and circumstances, we are of the view that if compensation of Rs.50,000/- and litigation cost of Rs.10,000/- are awarded justice would be served.
Hence,
ordered
CC/145/2017 is allowed ex-parte in part. OPs are directed to pay Rs.7,17,750/- (Rupees seven lakh seventeen thousand seven hundred fifty) with Rs.50,000/-(Rupees fifty thousand) as compensation and Rs.10,000/-(Rupees ten thousand) as litigation cost within three months of this order, in default, the amount shall carry interest @ 10% p.a. from the date of the order, provided Complainant files original money receipts of which Xerox copies have been filed in the record and also original agreement for sale.
