Date of filing: 20.01.2018 Date of disposal: 06.08.2018
Complainant: Devdoot Mondal, S/o- Haladhar Mondal, Resident of 1B/10, Rishi Aurobindo Nagar, Amrai More, Durgapur, P.O.–Durgapur 3, P.S. Aurobinda Thana, Dist.-Paschim Bardhaman, Pin713203.
- V E R S U S -
Opposite Party: 1. The Director, Hahnemann Housing & Development (P) Ltd, Durgapur, Sanjib Sarani, Aesby More, P.S. Durgapur, Dist. Burdwan, Pin 713213.
2. Kalidas Mukherjee, S/o- Lt. Rabi Lochan Mukherjee, Director of Hahnemann Housing & Development (p) Ltd., Beliatore, P.O. & P.S. Beliatore, Dist. Bankura, Pin 722203.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No.1&2: None (ex parte).
J U D G E M E N T
This is a case under Section 12 of the C.P. Act 1986 directing a sum of Rs.4,50,000/- and also to pay an interest at the rate of 12% on this sum from 23.09.2013 to till date of realization, a sum of Rs.30,000/- for mental pain, agony and harassment and a sum of Rs.15,000/- towards litigation cost.
The complainant’s case in short is that he wanted to purchase a plot of land with basic infrastructure after going through the advertisement of the O.Ps where he came to learn that the O.Ps were selling plots creating a project namely “SANTIBAN-VI” in reasonable price. He also came to learn that the O.Ps would sell the plots at Rs.4, 50,000=00. On 25.08.2013, the complainant paid Rs.1, 35,000/- to the O.Ps as the booking amount for the plot and the O.P. No.1 issued a certificate of booking on 29.08.2013 which was valid up to 29.09.2016. It is pertinent to mention that the total value of the plot was Rs.4, 50,000=00. The O.Ps made the agreement for sale on 23.09.2013 and also issued a book of EMI as the remaining amount was to be paid in installments. After that the complainant paid 36 consecutive installments @Rs. 8750-/ per month and the O.Ps endorsed the same in the Emi book of the complainant. As it has been said that the O.Ps made the agreement for sale, so they were bound to complete all necessary work of the plot and hand over it within 3 years. But in spite of all the installment payments, the O.Ps failed to fulfill their parts and liabilities by way of non-completion of the work. After completion of the scheduled period, the complainant requested the O.Ps several times either to deliver the possession of the plot or to refund the amount paid by him, but the O.Ps paid no heed to his requests. The Complainant also told them that he would deposit all the documents to get the refund amount, but the O.Ps did not stir.
Here, the O.Ps neither appeared nor filed any W.V. in favour of themselves. So, they are to be considered ex parte here.
-: Decision With Reasons :-
Undisputedly, the complainant is a bonafide consumer of the O.Ps and he has deposited every document to prove his statement. From all those, it is clear that the O.Ps had acted deficiently and did not honour the intention of their customer. So, the complainant is successful to contest his case.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 45/2018 be and the same is allowed ex parte against the Ops with cost. The O.P. Nos. 1 & 2 are directed to pay Rs. 4, 50,000=00 either jointly or severally to the complainant along with interest @12% per annum from 23.09.2013 to till date of realization and the O.P. Nos. 1 & 2 are further directed to pay a sum of Rs. 5,000=00 as mental pain and harassment and Rs. 2,000=00 as litigation cost within 45 days from the date of passing of this order, in default, the complainant is at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
