West Bengal

South 24 Parganas

CC/145/2016

Dr. Meghnad Samanta, S/O Late Sri Krishna Samanta. - Complainant(s)

Versus

KPS Sinha Real Estate Pvt. Ltd. - Opp.Party(s)

12 Sep 2017

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

                C.C. CASE NO. _145_ OF ___2016_

DATE OF FILING : 14.12.2016                           DATE OF PASSING JUDGEMENT:  21.09.2017

Present                      :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :    Jhunu Prasad  &  Subrata Sarker                                     

COMPLAINANT        : Dr. Meghnad Samanta, son of late Srikrishna Samanta, Seva Sadan, Sepoy Bazar, P.O Midnapore, paschim Midnapore.

-VERSUS  -

O.P/O.Ps                   :   KPS Sinha Real Estate Private Limited, B-20, Ucchepota, P.S Sonarpur, Kolkata – 150.

___________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Jhunu  Prasad, Lady  Member                                 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

The door of this Forum has been knocked by the complainant, for redressal of the consumer dispute as per the C. P. Act, 1986.

Complainant’s case in brief is that the complainant made payment of Rs. 1,76000/- as advance money to the O.P for the purpose of booking of plot being No. 181,182,185 & 187(in part) in the project namely phase XIII “Green City”. But the O.P delayed and violated the project plan for which the complainant had sought for refund of his advance money to the O.P by his letter dated 18.07.2014, but the O.P did not give any reply and refused to settle the claim of the complainant.

Finding no other alternative the complainant lodged complain before C.A. & F.B.P. at Mirza Gallib street, Kolkata.

After receiving complain from the complainant the C.A. & F.B.P. issued notice to the OP. for redressal of the said dispute.

After receiving the notice the O.P appeared at the office of the C.A. & F.B.P at Mirza Galib Street, Kolkata and agreed to  refund the money of Rs.88,000/- to the complainant and agreed to refund the remaining money of Rs. 88,000/- by the end of June 2015.

Thereafter on 10.03.2016 the O.P paid balance advance money of Rs.88,000/- vide two cheque amounting to Rs.50,000/- being No. 008226 dated 04.01.2016 and Rs. 38,000/- being No. 008227 dated 30.06.2016, but one of the cheque of Rs. 38,000/- being No. 008227 has been dishonored due to ‘’Drawer signature differ from specimen on record’’.

Thereafter the complainant again complained the matter to the Assistant Director, C.A. & F.B.P. south 24 Parganas.

The Assistant Director, C.A. & F.B.P. south 24 Parganas again issued notice to the O.P to resolve the matter, but O.P did not appear.

Hence, the complainant filed this instant complaint before this Forum for getting relief as prayed for.

 Issued notice upon the Opposite Party.

After receiving the notice, the Opposite Party appeared by way of filing written version to contest and to refute the case.      

Resisting the Complaint, the Opposite Party filed the Written Version denying the contentions of paragraph No.19  and 20 made by the Complainant in the Petition of Complaint.

The case of the Opposite Party as a whole in crisp, is that the Opposite Party accepted the booking money and as per terms and condition of booking the schedule plot after selling the booking plot, the Opposite party refund the advance money to the complainant.

The Opposite  Party stated that the Opposite Party has already paid and refund the booking amount of Rs 1,38,000/-to the complainant out of Rs. 10,76,000/- .

The Opposite Party admitted that due to “Drawer signature differs from Specimen as record’’, the cheque amount of Rs. 38,000/-as remaining balance of the booking amount the Opposite Party could not pay to the complainant and also agreed to pay the same by monthly installment.   

Points for Determination :-

 

1. Whether the complainant is entitled to get relief as prayed for?

 

  Decision with Reasons:-

 

            At the time of argument the complainant and the Opposite Party filed affidavit – in - chief, BNA and some Xerox copies of documents to support of their contentions.

            All points are taken up together for consideration for the sake of argument and brevity.

In coming in to conclusion regarding the present dispute, we have carefully gone through the complaint filed by the complainant and written version filed by the Opposite Party and also critically appreciated the material documents on record and we have gathered that admittedly the complainant booked plot No.181, 182, 185 and 187(in part) in the project name Phase XIII “Green City’’ and paid Rs.1,76,000/- for that  purpose.

Fact remains that the Opposite Party received the said money of Rs.1,76,000/- and issued money receipt, but the Opposite Party deliberately delayed and violated the project plan, that’s why the complainant  had sought for refund of his advance money.

 Manifestly, after perusing the record, it is evident that after receiving the notice from the Assistant Director, Consumer Affairs Department, Kolkata, West Bengal, the Opposite Party paid of Rs. 1,38,000/- to the complainant of the said advance booking money and also agreed to refund the remaining balance money of Rs. 38,000/- .

Therefore, we have no hesitation hold that, the Opposite party deliberately ignored to refund the advance money to the complainant which tantamount to deficiency of service on the part of the Opposite Party within the purview of section 2(I)(g) of C.P. Act 1986 and liable to pay the remaining balance booking money of Rs,38,000/- to the complainant. 

          Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for from the Opposite Party and consequently the points for determination are decided in affirmative.

             In short, the Complainant deserves success.

             In the result, we proceed to pass

                                                            O R D E R

That the case be and the same is allowed on contest with cost of
Rs. 1,000/-.

That the Opposite Party is directed to refund the remaining balance amount of Rs.38,000/- as booking money to the complainant within a period of 30 days from the date of this order.

That the Opposite Party is also directed to pay of Rs.5,000/- as compensation and Rs. 1,000/-  as litigation cost to the complainant within a period of 30 days from the date of this order.

Failing the Opposite Party shall have @ 9% interest against Rs.38,000/- from the date of default till its realization.

Let copy of this order be supplied to the parties free of cost when applied for.

             Member                                    Member                                        President           

Dictated and corrected by me

                                    Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                                                               O R D E R

That the case be and the same is allowed on contest with cost of
Rs. 1,000/-.

That the Opposite Party is directed to refund the remaining balance amount of Rs.38,000/- as booking money to the complainant within a period of 30 days from the date of this order.

That the Opposite Party is also directed to pay of Rs.5,000/- as compensation and Rs. 1,000/-  as litigation cost to the complainant within a period of 30 days from the date of this order.

Failing the Opposite Party shall have @ 9% interest against Rs.38,000/- from the date of default till its realization.

Let copy of this order be supplied to the parties free of cost when applied for.

             Member                                    Member                                        President