Date of filing: 18.05.2018                                                                     Date of disposal: 30.01.2019

Complainant:              Rini Mondal, W/o. Samir Mondal, D/o. Keshav Ranjan Santra, of St. No.36, Qrts.23D, P.O & P.S. Chittaranjan, District: Paschim Bardhaman, Pin-713365.

- V E R S U S –

Opposite Party:           1. Hanemman Housing & Development (Pvt.) Co. Ltd. Reg. No/CIN No-U45203WB2004PTC098037 exists on the MCA 21 Portal, Reg. Office Address: B/16, Katunagar, Jadavpur, Kolkata, W.B. 700032 IN.

                                    2. Branch Office, Hahnemman Housing & Development (Pvt.) Co. Ltd. Reg. No/CIN No. U45203WB2004PTC098037, Sanjib Sarani, Durgapur, Pin -713201, Phone No.03436522571, Mobile No.918159035403.

                                    3. Karunamoy Sinha-Managing Director, Office Address. B/16, Katunagar, Jadavpur, Kolkata, W.B. 700032 IN.

                                    4. Kalidas Mukherjee, Office Address of Directors/Signatory are B/16 Katjunagar, Jadavpur, Kolkata, W.B. 700032 IN.

Present:

           Hon’ble President: Smt. Jayanti Maitra (Ray).

Hon’ble Member: Dr. Tapan Kumar Tripathy.

Hon’ble Member: Smt. Nivedita Ghosh.

Appeared for the Complainant:                              Ld. Advocate, Biswajit Bandyopadhyay.

Appeared for the Opposite Party No. 1, 2, 3 & 4:  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 alleging deficiency in service and unfair trade practice praying for an award amounting to Rs. 2, 25,000=00 deposited for purchasing the land along with interest @12% per annum since the date of expiry and for an amount of Rs.25, 000=00 as cost of litigation and conveyance.

The case in short is that the complainant purchased a plot of land from the O.P. and as per agreement, the said company issued money receipt signed by the authorized representative of the said company. The complainant deposited the first installment price of Rs.45, 000=00 as booking money out of the total cost of Rs.2, 25,000=00 through an A/c. payee cheque on 15.12.2011. It was clearly mentioned in the agreement that the O.P. would have the right to construct metal road to reach the land along with surface side drains and other necessary works pertaining to the basic infrastructure according to plan. The complainant, in the first phase deposited Rs.45, 000=00 and the remaining Rs.1, 80,000=00 was to be paid in 36 installments. Also, it was clearly stated in the agreement that the plot of land would be handed over in perfect conditions to the complainant within three years since the date for sale of execution of this agreement failing which the entire purchase consideration of Rs.2, 25,000=00 along with @12% per annum would be refunded. Till date the O.Ps. had neither handed the plot nor expressed any intention of refunding. On 02.04.2015 one of the Directors of the O.P. received from the complainant all the original papers at the branch office through their agent. Lastly, on 18.03.2016, the said Director put a note for the payment of the said amount through RTGS within 15.04.2016 to 18.03.2016. After that, the complainant made contact with the O.Ps. several times but they did not approach to do their duty. Finding no other alternatives the complainant sent a Lawyer’s notice with proper legal steps to the O.Ps. but they did not reply. In this case, the O.Ps. did neither appear nor file their Written Version in front of the Forum.

-: Decision with reasons :-

Undoubtedly, the complainant had suffered a lot because of their false trading scheme. The O.Ps. had not kept their words as per agreement. So, with all the evidences, the complainant succeeds to contest the case.

Hence, it is

O r d e r e d

that the Consumer Complaint being No. 80/2018 be and the same is allowed ex parte against the Ops. with cost directing the Ops. to pay Rs. 2,25,000=00 to the complainant along with 12% interest per annum from 20.12.2014 (last date of payment of installment) till its realization and also directed to pay Rs. 2,000=00 as compensation for mental pain agony and harassment and Rs. 1,000=-00 as litigation cost.

The Ops. are directed to comply the above-mentioned award within 45 (forty five) days from the date of passing of this order, in default; the complainant is at liberty to put the 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