Date of filing: 22.08.2016 Date of disposal: 28.02.2018
Complainant: 1. Sumita Dey, W/o. Akinchan Dey, resident of Street No. 1/C, Qr. No. 10A, PO: Chittaranjan, District: Burdwan, PIN – 713 331.
2. Akinchan Dey, S/o. Late P. C. Dey, resident of Street No. 1/C, Qr. No. 10A, PO: Chittaranjan, District: Burdwan, PIN – 713 331.
Opposite Party: 1. Hahnemann Housing & Development (P) Ltd., represented by its Director, Having its office Branch Office at Durgapur, Sanjib Sarani, Aesby More, Durgapur 1, District: Burdwan, PIN – 713 201.
2. The Director, Hahnemann Housing & Development (P) Ltd., Having its Registered office at 3/3, Poddar Nagar, Kolkata – 700 068 (WB).
Present:
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant(s): Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1&2: None (ex parte)
J U D G E M E N T
Both the complainants have filed the present complaint against the Ops with a direction that Ops should refund an amount of Rs. 2,74,000=00 (@12% interest up to 31.7.2016) and further direction that Ops should pay 12% interest to the complainants till date of realization and Rs. 1,50,000=00 for mental pain, agony and harassment and also to pay Rs. 20,000=00 as litigation cost on the ground that an agreement was executed between the parties on 02.01.2012 to purchase a plot of land which Ops are selling by creating a project, namely, ‘Santiban-VI’.
Accordingly as per claims of the complainants they have paid Rs. 45,000=00 as booking amount and thereafter also paid a total price of the land fixed Rs. 2,25,000=00.
Complainants further claim that as per terms and conditions of the agreement they have paid total amount and Ops after receiving the said amount from the complainants failed to execute any deed of conveyance in favour of complainants as per agreement. By getting no other alternative the complainants after payment of all installments, requested the Ops to refund their money as per agreement and the Ops asked the complainants to submit all the original documents and after getting all the documents, OP No. 1 issued a receipt on 11.03.2015. But inspite of compliance of all the formalities the complainants did not get back their money from the Ops and lastly one of the Directors, namely, Kali Banerjee agreed to refund the said amount in three installments through cheque but ultimately failed to do so and for that the present claim application.
The complainants further submitted that they are bonafide consumer of the Ops and the Ops received full amount of Rs. 2,25,000=00 but failed to hand over the plot of land with basic structure as per agreement and also failed to refund the total amount as per demand of the complainants as per clause of agreement executed in between them.
The cause of action arose firstly on and from 26.09.2015. After filing the present application, the complainants sent proper notice to the Ops and the Ops also received the same but failed to appear and accordingly it is fixed for ex parte hearing.
Now points for consideration:
How far claimants able to prove that they are entitled to receive total payment i.e., Rs. 2, 25,000=00 along with other claims from the Ops?
Let us consider how far complainants have able to prove the same against the Ops.
Decision with reasons:
Both the complainants have claimed that they are entitled to get Rs. 2,25,000=00 from the Ops on condition that an agreement was executed between the parties where the Ops wanted to sell plots of land, namely, “Santiban-VI’ at a price of Rs. 2,25,000=00 and the claimant agreed to purchase the said land by payment of total sell amount as per agreement with the Ops.
Now it appears that both the claimants have failed to produce the documents like sale agreement, original booking certificate, EMI book, first booking counterpart and other documents which are required to prove their claim though the present claim application heard ex parte but to prove the claim application the duty of the complainants are to provide their claim according to law, at the same time it appears that the complainants also claimed that they have produced all the documents before the Ops as per their claim and accordingly they have produced the said letter which was sent to the Ops through registered post to prove that all the documents executed between them with the Ops and the Ops also received the same.
Moreover, it appears that after filing the claim application, claimants also demanded those documents before the Ops and the Ops also issued a receipt in favour of complainants on 11.03.2015. So from these documents it is clear that all the papers/documents were properly executed in between the parties before purchasing the plot of land as terms and conditions of agreement.
Further it appears from the claim application that Ops paid Rs. 50,000=00 each in favour of the claimants as per their claim and the claimants have also able to produce the said documents i.e. photocopy of Bank Passbook which shows the payment of Rs. 50,000=00 each on 05.01.2016 & 17.06.2016 respectively.
Complainants are also able to prove that they have made payment regarding the plot of land in full to the Ops according to agreement by 36 installments and the Ops never raise any objections regarding agreement executed between themselves or full payment of the said land by 36 installments as per agreement, by filing any written objection or by written version as they have received summon sent by this Forum after filing the present claim application against them. So there is no dispute that the claimants have able to prove that Ops have failed to render service after receiving the full payment regarding the price of the land. So, there is no doubt that the activities of the Ops clearly show that which is nothing but unfair trade practice and deficiency in service towards the claimant.
Accordingly, claimants are entitled to get relief against the Ops according to law.
Under such circumstances the present Forum has no hesitation to hold that there is no dispute regarding the agreement executed between the parties and also there is no further dispute regarding full payment by the claimant in favour of the Ops.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 144/2016 be and the same is allowed ex parte against the Ops. Complainant are entitled to get Rs. 1, 25,000=00 (Rs. 2, 25,000 – Rs. 1, 00,000) including 12% interest from 31.12.2014 (last installment payment date) till the date of making payment of the said amount by the Ops and the Ops are also directed to pay Rs. 30,000=00 as compensation towards deficiency in service and further Rs. 5,000=00 as litigation cost.
Both the Ops are directed to pay the total awarded amount either severally or jointly to both the claimants within 45 days from the date of this order, failing which the complainants have every right to put the award in execution.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me:
(Nivedita Ghosh)
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
