West Bengal

Paschim Midnapore

CC/25/2017

Sri Abhijit Kundu - Complainant(s)

Versus

Hahnemann House & Development Pvt. Ltd. - Opp.Party(s)

31 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           PASCHIM MEDINIPUR.                             

                                                                             Bibekananda Pramanik, President,       

Pulak Kumar Singha, Member

And

Sagarika Sarkar, Member

    

Complaint Case No.25/2017

 

    Sri Abhijit Kundu, S/o-Sri Gurudas Kundu,

Vill-Bhula, P.O.-Nalbona & P.S.-Garhbeta,

Dist-Paschim Medinipur…..………Complainant

Versus

1. Hahnemann House & Development Pvt. Ltd., Regd Office-3/3, Poddar Nagar, Kolkata-700068;
2. Prasun Kundu, S/o-Sri Sridhar Kundu, Vill-Bhula,

 P.O.-Nalbona & P.S.-Garhbeta,

Dist-Paschim Medinipur ………….Ops.

 

For the Complainant:  Mr. Pulakananda Mondal, Advocate.

For the O.P.             :                     

                                                 Decided on: - 31/07/2017                              

                                                ORDER

            Pulak Kumar Singha, Member : 

 

            Complainant files this case u/s-12 of the Consumer Protection Act, 1986.

            In brief  the case of the complainant entered into an agreement with O.P. no.1 for purchasing two katas of land from O.P.no.1. Accordingly complainant paid Rs.1,05,000/- on 07/09/2012 as booking amount and total consideration amount was Rs.3,50,000/-.   O.P. no.1 issued booking certificate which was valid from 07/09/2012 to 07/10/2015.      

Contd……………….P/2

 

                                                                                            ( 2 )

Subsequently complainant paid balance agreed amount by installments. As per agreement O.P. no.1 neither develop nor  made any construction work in the plot no.18, khatian no.67, J.L. no.152and Mouza Fulphari of Midnapur district. Complainant several times requested O.P. no.1 to returned the deposited money but O.P. no.1 did not pay heed to be claim of the complainant.  Finding no way complainant approached before this  Forum for obtaining relief as per prayer of his complaint.     

               In spite of service of summons none of the O.P.s appeared nor contested the case. So, the case is heard ex-parte against O.P.s.       

 

Decission with Reasons

             It appears from the documents that complainant entered into an agreement for purchasing plot no.18, Mouza-Fulpahari,  J.L.no.152, khatian nos. 31, 35, 95/1, District Paschim Medinipur and O.P. agreed to sell 2(Two) khatas area in the scheme plan plot no.78. Accordingly complainant paid advanced as booking amount of Rs.1,05,000/- against the same O.P. issued money receipt and booking receipt on 05/12/2012 which was valid from 07/09/2012 to 07/10/2015. As per agreement for sale total consideration value of 2 (two) khatas land is Rs.3,50,000/-. Besides the booking amount complainant paid balance amount by installments of Rs.6,806/- in each month. In the agreement for sale clause no.-3 it is agreed that O.P. shall develop the said land on behalf of  complainant by constructing matal road to reach the plot of along with drain and other necessary works pertaining to the basic infrastructure in second schedule.  Complainant went to the site of the  above said land and found that no development work was  done by the O.P. as such  it was not possible to identity the purchased plot and also not  fit to construct the house without road and common  amunities as per agreement. So, complainant desired  to refund back the total consideration money and lodged claim for returned the money from O.P. no.1 but O.P. no.1 did not pay heed to the claim of the complainant O.P. no.2 is an agent of O.P. no.1 and complainant has no claim against O.P. no.2. In support of his case complainant adduced evidence supported by affidavit and tender himself as a witness on oath and submitted documents.  On the other hand O.Ps. neither appeared nor contested the case, for such the evidence of complainant is uncontroverted and unchallenged by the O.Ps. Rather as per agreement clause no.4 it is mentioned that the O.P./First party shall complete all necessary works of the said land within three years from the date of execution of this agreement but O.P. did not comply the said part of agreement.

                                                                                                                                                                   Contd……………….P/3

 

( 3 )

                In clause no.-12 of the argument it is mentioned that in case of withdrawal from the scheme after full payment, receipt amount will be returned along with 12% p.a. appreciation after the schedule period.

                It appears from the documents that O.P. no.1 has violated the term and conditions of the agreement rather harassed the complainant for which the complainant suffers mental pain and financial loss.  

               In view of the discussions here in above we find that O.Ps. are deficient in service and complainant is entitled to get relief.             

               Thus the complaint case succeeds.

                                      Hence, it is,

                                                             ORDERED,

      That the complaint is allowed ex-parte against O.P. no.1 with cost and O.P. no.2 without cost.

                That O.P. no.1 is directed to pay Rs.3,50,000/-(three lakhs fifty thousand) only with 12% interest from 24/08/2015 and to pay Rs.20,000/- as compensation for harassment, mental pain and agony to the complainant within one month.                  

              O.P. no.1 is further directed to pay Rs.2,000/-(Rupees two thousand) only as  litigation cost to the complainant within stipulated period.

              Failure to comply O.P. no.1 shall be liable to pay Rs.5,000/- (Rupees five thousand) only  per month as penal damage to the  Legal Aid Fund of this Forum till date of realization.

Dictated and Corrected by me

        Sd/- P.K. Singha                      Sd/- S. Sarkar                 Sd/-B. Pramanik.           

 

               Member                                Member                          President

                                                                                               District Forum

                                                                                            Paschim Medinipur