West Bengal

Paschim Midnapore

CC/59/2017

Sri Debasis Giri - Complainant(s)

Versus

Hahnemann Housing and Development Pvt. Ltd. - Opp.Party(s)

Dipankar Pati

13 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                                                                                      

     Bibekananda Pramanik, President,

      Pulak Kumar Singha, Member

and

    Sagarika Sarkar, Member. 

 

Complaint Case No.59/2017

 

Sri Debasis Giri, S/o-Prafulla Kumar Giri, Vill-Palua, P.O.-Tanna,

P.S.-Mohanpur, District- Paschim Medinipur..………..……Complainant.

Vs.

1. Hahnemann Housing & Development Pvt. Ltd., (Reg. Office), 3/3-Poddar Nagar, Kolkata-700078, The Director, Jodhpur Park, Kolkata-700068
2. Karunamoy Sinha, S/o-Late Gopal Chandra Sinha, P-70, Sagarbhanga Coloney, P.S.-Coke Oven, Durgapur, Dist-Burdwan
3. Kalidas Mukherjee, S/o-Late R.L. Mukherjee at P.O.-Beliatore, Dist-Bankura
4. Dilip Kumar Ghosh, Chandanpur, Malancha Mahingar, Kol-700145..……….….Opp. Parties.

                                                    

            For the Complainant  :  Mr. Dipankar Pati, Advocate.

           For the O.P.                 :

Decided on:13/09/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In short the case of the complainant is that the complainant had entered into an agreement with the O.Ps. for purchasing one sub plot  of  Master Plan made by O.Ps., measuring 2 (two)  cottas or 1440 sq. ft. for consideration amount of  Rs.1,16,668/- and together  with development fees of Rs.3,50,000/- has been paid to the O.Ps.  Agreement for

                                                                                                                                                                Contd……………P/2

 

                                                                                           ( 2 )

sale of sub plot no.1082 was executed on 01/08/2013 and as per agreement a  sum of Rs.1,16,668/- had been paid to the O.Ps. and rest amount i.e. plot development fees also paid on subsequent date.  After payment of total consideration amount to the O.Ps., the complainant found that total  area of the Master Plan including the sule-plot of complainant neither developed nor made any construction over that area. Complainant met  with the O.Ps. and they assured that all  necessary development work will be done soon but nothing  relay nothing happened.  Complainant approached the O.Ps.  for return back the deposited amount but in vain.

Complainant appeared before this Forum for getting relief as per prayer of his complaint.

All the O.Ps. appeared after duly service of notice upon them but O.Ps. not contested the case. So, the case is heard ex-parte against all the O.Ps.

Decision with reasons

         We have travelled over the complaint, evidence and documents filed by the complainant and it appears that O.Ps. were intended to sale various sub-plots  by way of making Master Plan to different  intending customers and for such sale O.Ps. gave advertisement and  complainant was also intended to purchase one sub-plot, entered into an agreement for sale with the O.Ps.  According to such agreement two cotts or 1440 sq. ft. plot being no.1082 was allotted against payment of Rs.1,16,668/- on 10/08/2013 and for development of the plot area  and making construction of road, drain etc. complainant  paid Rs.3,50,000/- on subsequent date i.e.  within stipulated period as per agreement.  It appears  from the agreement that within three years from the date of execution of such agreement,  after development of such plot area, O.Ps.  shall be executed sale deed in favour of the complainant at the own cost of complainant. But after expiry of the stipulated period complainant found that no development work had done by the O.Ps. Then the complainant knocked the doors of O.Ps. on various offices  but in vain.  Complainant approached before the O.Ps. to return back the deposited amount but O.Ps. did not pay heed to the claim.

 In spite of due service of summon O.Ps. appeared in this case but not contested the case. We think that the allegations against O.Ps.  by the complainant is true and correct and O.Ps.  have nothing to say to defend themselves.  O.Ps. have received the money from complainant by way of deceitful manner and harassed the complainant day by day for which complainant has been suffering mental pain, agony and also monitory loss.  O.Ps. are negligent and deficient in service and they are reluctant to obey the agreement.  

In view of such discussions herein above we think that complainant proved his case and he is entitled to get relief as prayed for.

The complainant case succeeds.     

                                                                                                                                                                Contd……………P/3

                                                                      

                                                                                           ( 3 )

                      Hence, it is,

                                                 Ordered,

                         that the complaint case be and the same is allowed ex-parte  with cost against the O.Ps.

O.Ps. are jointly or severally directed to pay Rs.4,66,668/- alongwith 9% interest from 01/08/2013, to pay Rs.20,000/- compensation for harassment, mental pain and agony and also to pay litigation cost of Rs.2,000/- to the complainant within one month from the date of this order.

Failure to comply this order O.Ps.  shall have to pay Rs.2,000/- per month as penal cost to be paid to the Legal Aid Fund to this Forum till full realization.  

           Dictated and Corrected by me

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

                                Member                                           Member                                  President

                                                                                                                                    District Forum

                                                                                                                                 Paschim Medinipur