West Bengal

Paschim Midnapore

CC/58/2017

Sri Debendra Nath Sahoo - 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.58/2017

 

                Sri Debendra Nath Sahoo, S/o-Late Chaitanyua Charan Sahoo, Vill-Uchitpur, P.O.-Anikola,

.S.-Dantan, 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

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant Sri Debendra Nath Sahoo alleging deficiency in service on the part of the above mentioned O.P.

                       Case of the complainant, in brief, is that the complainant visited at the office of the O.P.-Land Owner-Cum-Developer for purchasing land from the O.P.  it is stated in the petition of complaint that O.P.-Land Owner-Cum-Developer  intended to sell out a piece of land after developing the same and making several sub-plots of land

                                                                                                                                                                    Contd………..P/2

                                                                              ( 2 )

measuring 2 cottas or 1440sq. ft. @Rs.1,16,668/- per cotta. It is further stated in the petition of  complaint that the O.P.-Land Owner-Cum-Developer further  imposed charges for development  etc. and fixed the total price of Rs.3,50,000/- @Rs.1,75,000/- per cotta. It is stated by the complainant that the O.P. assured the complainant that each sub-plot would be divided by metal road and side drains and such work alongwith registration of plots would be started after payment of entire amount including registration fees by the complainant/purchasers. It is further stated by the complainant that being satisfied with the terms and conditions of the O.Ps.  the complainant paid at an amount of Rs.1,16,668/- to the O.P. and an agreement was executed on 01/08/2013 by and between them accordingly sub-plot no.1030 was allotted to the  complainant on  01/08/2013 and as per terms of the agreement he paid rest of the money in the said  36 equated monthly installments but after  payment of entire money the complainant came to know that O.P. did not start any development work in the said land. The complainant alongwith  other purchasers mate the O.Ps. or  their officers and staffs in their regd. office  at Kolkata and Durgapur and the O.P. assured them to start  the said work within very short time but after  that neither O.P.  started the said work nor did they intend to meet purchasers. Subsequently the complainant served legal notice upon  the O.Ps. through his Ld. Advocate under Regd. Post A/D  on 05/10/2016 but to no effect which compelled the complainant to file this instant  case. According to the complainant non-delivery of the agreed money amounts to deficiency  in service on the part of the O.Ps.  for which he  claimed for delivery of the plot of land after  completion of entire development works and in default necessary order be passed for refund of  total amount with stipulated interest, for  damages to the  tune of Rs.50,000/- and for costs others consequential reliefs.

  Notices were duly served upon the O.Ps. initially they contested the case but they did not turn up on and from 31/07/2017 so the case be fixed ex-parte against the O.Ps. by order no.10 dated 18/08/2017.

Complainant adduced evidence. In  support of his case the complainant filed  i) Agreement for sale; ii) Effecting payment of Installment; iii)  letter reminder including legal notice etc.

                                                                   Decisions with reasons.

The complainant has stated that he  entered into an agreement for sale on 01/08/2013 with the O.P. in respect of a plot of land having no.67 at Mouza-khairullachak, Fulphari, J.L.no.154, khatian no.101. Which the O.P. agreed  to sell after developing the same by constructing  metal road with side drain etc. The agreed  amount of said sub-plot was fixed as Rs.3,50,000/- out of which an amount of Rs.1,16,668/- was

                                                                                                                                                                        Contd………..P/3

                                                                       ( 3 )

required to be paid as down payment and the balance amount was required to  be paid by 36 equated monthly installments. The  complainant has alleged that after receiving entire amount of consideration  the O.P. did not even start any construction work in the said plot of land nor initialed  to transfer the said plot of land to the complainant.

On perusal of the document on record it appears from the Photostat copy of the agreement on 01/08/2013  that the  O.P.  agreed to transfer the sub-plot no. 1030  infavour of the complainant at a consideration of Rs.3,50,000/- and the said  consideration was scheduled to be  paid in such a manner that Rs.1,16,660/- would  be paid  initially and rest of the amount would be paid by 36 E.M.Is.  It further appears from page no.4 of the Agreement for sale dated 01/08/2013 the O.P.  received Rs.1,16,668/- on 19/07/2013 from the complainant.

Therefore, it is evident from the documents on record that the complainant had paid entire amount of consideration as per terms of the agreement.  The O.P.  on other hand failed to discharge their contractual obligation i.e.  development of the plot of land in dispute and thereafter  to transfer the same infavour of the complainant which amounts to deficiency in service on the part of the O.Ps.  it is established that the O.P.  has deficiency in providing service for which we think it will  be just and proper if the O.P.  is directed to pay entire amount of Rs.3,50,000/- to the complainant along with interest @9%  p.a. from the date of receiving the amount, and Rs.20,000/- towards compensation and  Rs.2,000/- towards cost of litigation.

                                 In the result the complaint case succeeds.

                                 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.3,50,000/- 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. 

                Let plain copy of this order be given to the parties free of cost.

                Dictated and Corrected by me

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

                               Member                                   Member                                           President

                                                                                                                                    District Forum

                                                                                                                                Paschim Medinipur