- Smt. Santa Sen,
Gopalpur, Kalipark,
P.S. Airport, Kolkata-700136.
Through: Consumers’ and Elderly’s
Rights Protection Society
Registration No.S/1L/No 57340 of 2008-2009
Regd. office at 4H, Shanagar Road,
P.S. Tollygunge, Kolkata-26. _________ Complainant
____Versus____
- Managing Director,
Desire Agro Resorts Development Pvt. Ltd.
P-525, Hemanta Mukhopadhya Sarani
(Formerly Raja Basanta Roy Road)
P.S. Tollygunge, Kolkata-19 ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 20 Dated 29-10-2014.
The case of the complainant in short is that complainant being allured by the agents of o.p. decided to purchase a plot of land bearing no.B 113 of Middle Town Extension Project of o.p. at the total consideration of Rs.1,30,000/- and booked the said plot of land on payment of Rs.26,000/- o.p. acknowledged receipt of said amount through acknowledgement slip and also vide receipt being Booking No.13 dt.28.7.04.
Complainant as person of prudence paid entire of the consideration money in installments commencing from 31.8.04 till 9.3.09. In the last issued receipt o.p. declared that the entire consideration was paid in full and final settlement.
After completion of payment of entire of consideration on 9.3.09 on demand of o.p. complainant paid the due registration charges of Rs.13,000/- on 9.3.09 i.e. is on the day of payment of last installment. O.p. acknowledged the receipt of the same under seal and signature.
Even after waiting for a reasonable time from the date of payment of entire of consideration amount inclusive of booking money and the registration charges as agreed by and between o.p. and complainant, it is observed that o.p. did not take any step whatsoever to hand over the possession of the land to complainant which she intends to purchase on Execution and Registration of Deed of Conveyance. So complainant started to persuade o.p. strongly over phone and also visiting o.p. at his office repeatedly on and from the month of August, 2009 to arrange at the earliest date the joint inspection of the developed land in question and handing over the possession of the same on completion of all legal formalities.
Complainant has taken it as granted that the hard earned money is grabbed by o.p.
Decision with reasons:
Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant paid the entire consideration money in installment and o.p. declared that the entire consideration money was paid in full and final settlement as agreed. Beside several persuasions o.p. did not hand over possession of the land in question after realization of the entire amount of consideration and registration and we find clear deficiency on the part of o.p. in this regard and the contentions of o.p. in their w/v is not sustainable and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost agasint the o.p. O.p. is directed to pay a sum of Rs.1,43,000/- (Rupees one lakh forty three thousand) only to the complainant towards the total consideration amount of booking money and the registration charge and is further directed to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
