Saurav Biswas,

s/o. Sri Rati Ranjan Biswas

of 113 Inf Bn (TA) RAJPUT,

Shahapur Military Camp,

P.O. & TO – New Alipore,

P.S. New Alipore,

Kolkata – 700 053. --------------------------------------------------------- COMPLAINANT.

-          Versus   -

Mr. Amaresh Kumar Pani,

The Secretary,

of Bharat Co-operative Housing Society Ltd.,

P.O. & P.S. Sankrail,

District – Howrah, West Bengal,

PIN – 711313.-------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                           F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant U/S 12 of the C.P. Act, 1986

wherein the complainant has  prayed for direction upon the o.p., Amaresh Kr. Pani for refund of Rs. 18,500/- out of total sum of Rs. 2,41,760/- paid to the O.P. and for compensation of  Rs. 50,000/- together with litigation costs of  Rs. 20,000/- as the O.P. while refunding a sum of Rs. 2,23,000/- did not pay back Rs. 18,500/-  received as the total consideration price for a bastu plot as mentioned in the schedule.

2.                  The o.p. in filing  written version admitted the receipt of the total sum as

stated above and contended interalia that a sum of Rs. 2,23,000/- has already been refunded and the rest cannot be refunded as it was the registration charge.  

3.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.      Both the points are  taken up together for consideration. Admittedly Rs. 2 lacs

41 thousand 760/- was received by the O.P. from the complainant for sale of a bastu plot no. 2/10 C of Block – C within P.S. Sankrail, Howrah, belonging to Bharat Co-operative Housing Society Ltd. of  R.S. Khatian no. 312 measuring 1440 sq. ft. Admittedly the so-called bastu land is originally a sali land which remained unconverted as sali land frustrating the dream of the complainant. Apprehending the predicament, the O.P. refunded Rs. 2 lacks 23 thousand to the complainant but withheld the sum of Rs. 18,500/- with the plea of registration expenses. But this plea cannot have any legs to stand upon as because the dream of the complainant was frustrated for the misadventure of the O.P. We fail to understand why and for what best reason the O.P. proceeded to sell the same knowing fully well of its character as sali land? This misadventure must not so unpunished as we trace gross deficiency in service. This is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 259  of 2013 ( HDF 259 of 2013 )  be  allowed on contest with  costs  as against  the O.P. 

      The O.P. be directed to refund the outstanding sum of Rs. 18,500/- to the complainant together with interest @ 10% p.a. from the date of deposit till full payment.  

      The o.p. do further  pay a sum of Rs. 30,000/- to the complainant as compensation for causing mental pain and prolonged harassment.

      The O.P. do further pay a sum of Rs. 5,000/- to the complainant as  litigation cost.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.