West Bengal

South 24 Parganas

CC/439/2014

MR. SUPRIYA MAJUMDAR - Complainant(s)

Versus

MR. SUDIPTA SEN, M/S. SARADHA CONSTRUCTION CO. PVT. LTD. - Opp.Party(s)

19 Jul 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _439_ OF ___2014_

 

DATE OF FILING : 11.9.2014                     DATE OF PASSING JUDGEMENT:  19.07.2016

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu  & Subrata Sarker

                                                                             

COMPLAINANT             :    Mr. Supriya Majumdar,s/o late Jyotsnamay Majumdar of 136/D, Bhattacharjee Para Road, P.S. Thakurpukur, Kolkata – 63, Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                            :  M/s Saradha Construction Company Pvt. Ltd. 455, Diamond Harbour Road, P.S Behala, Kolkata – 34 ,represented by its Director Mr. Sudipta Sen.

 

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                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P. Act, 1986 .

The contention of the complainant is that he has purchased one piece of land from the O.P on payment of Rs.90,000/- in installments. Accordingly deed of conveyance was completed in the year 2004. But thereafter inspite of several requests delivery of possession was not made and although it was promised to arrange civil amenities like roads, drainage, exclusive water supply, supply of electricity, children’s school, swimming pool, place of workshop, doctor’s clinic, community hall, park, super market, play grounds, shopping complex telecom center etc. but nothing was done after registration, that is why complainant filed this case with a prayer for delivery of vacant peaceful possession with construction of roads, drainage, water supply, electricity and other civil amenities like park ,school etc, compensation to the tune of Rs.20000/- ,damage Rs.10,000/-, cost Rs.10,000/- etc.

The O.P  is contesting the case by filing written version and claimed that the application is not maintainable in its present form. The O.P has denied all the allegations leveled against him. It has strongly claimed that complainant did not serve the documents relied upon  in support of his complaint and thus this O.P humbly state that without having a clause to see the said documents the O.P is unable to give specific reply to the said application. It has claimed that this O.P has no knowledge regarding lawyer’s letter dated 20.12.2013 since he is detained in judicial custody since 21.4.2013 by different Investigating agency like SIT,West Bengal, C.B.I and E.D . It has also claimed that since April 2013 all the bank accounts in different companies of Saradha Construction Company Pvt. Ltd. including the registered office of the O.P have been seized by the Investigating Agency like CBI and E.D. The O.P further submits that the Hon’ble Supreme Court of India in the writ petition n ( C ) no.401/2013 passed its order dated 9.5.2014 in Subrata Chattaraj Vs. Union of India & Ors. Regarding the Saradha Group of Companies, the Hon’ble Judges of Supreme Court was pleased to inclined and to allow all the petitions and direct the transfer of the cases registered in different police stations in the State of West Bengal and Orissa from the State Police Agency to the Central Bureau of Investigation. The Hon’ble Judges of the Hon’ble Supreme Court further directed – (a) on cases registered in different police stations of the State against  Saradha Group of Companies including Crime no.102 registered in Bidhannagar P.S.(North) on 6.5.2013 for offences punishable u/s 406/409/420/120B of I.P.C , (b) all cases in which the investigation is to be completed against any other company upto the date of this order (c) the CBI shall be free to conduct further investigation in terms of Sec. 173(8) of Cr.P.C. relating to any case where charge sheet has been already submitted before the jurisdictional Court against the companies involved in any chit fund scam. In these circumstances the O.P is unable to deliver any khas peaceful possession to the complainant and to develop the project site as claimed. The O.P further submits that all the properties mentioned in the schedule of complaint or any other properties of Saradha Group of Companies are presently lying under the custody of E.D. and C.B.I and all the bank accounts of the Saradha Group of Companies presently freezed by E.D and CBI and the complainant further submits that the complainant was arrested on 21.4.2013 So, the O.P is not in a position to pay any farthing for compensation and damage etc. Hence, the O.P prays for dismissal of the case.

Points for decision in this case is whether there is any deficiency of service or unfair trade practice on the part of the O.P or not.

                                                            Decision with reasons

We have already decided at the time of disposing of the M.A. application that cause of action is continuous one and it is also admitted that after registration of the deed of conveyance , delivery of possession was not made and the facilities i.e. development of the project by constructing road, drainage, supply of water, electricity, medical clinic, school, market  etc. have not been provided and in that score O.P has stated that since he was arrested on 21.4.2013 and all the properties and bank accounts of the O.P are under the custody of ED and CBI ,he is unable to deliver possession of the plot to the complainant as well as development of the –project, for which he has mentioned the writ petition no.C 401/2013 wherein Hon’ble Supreme Court of India passed an order on 9.5.2014 regarding Saradha Group of Companies which is reflected in the body of the Judgment. So, in these circumstances the O.P is helpless like helmless boat.

But fact remains that non delivery of vacant peaceful possession after making necessary development works namely road, water supply, electricity, drainage system and community hall are needs of this day to use the said plot of land which has been purchased in the year 2004 by the complainant and other amenities i.e. Children’s park, doctor’s clinic, park, super market,  shopping complex are the secondary things . But the O.P has to provide necessary amenities which are badly needed to use the land namely road, drainage, water supply, electricity and community hall etc. and the urgent need was not  provided and inspite of that the land was sold in the year 2004 and the O.P was arrested according to him in the year 2013. So, what prompted him not to provide all these things in the span of 2004 and 2013 i.e from the date of registration and before the date of arrest, that is why, the O.P has made deficiency of service and unfair trade practice, knowing fully well that he will deprive the common people at large and fact remains he has grabbed the good money of the common people with an assurance of dream like these facilities provided there , which have been stated above. So, we are not at all convinced regarding the arrest of the O.P. It is his ill fate but for that reasons common people should not be deprived from getting the usufructs of the Agreement which has been cleverly taken by the O.P as per unchallenged averment in the complaint in para 2 .

So, it is a glaring example of deficiency of service and unfair trade practice.

 

 

 

Hence,

                                                            Ordered

That the case of the complainant is allowed on contest with cost of Rs.5000/- to be paid by the O.P to the complainant within 45 days from the date of this order along with compensation to the tune of Rs.20000/-  and damage of Rs.5000/- to the complainant within the stipulated period.

The O.P is hereby directed to deliver vacant peaceful possession of the plot of land in question after providing minimum facilities like connecting roads (internal and outside), independent drainage system, Water Supply, Electricity, community hall etc. which are essential to live in the said plot after constructing building by any human being nowadays to the complainant within 45 days from this date, failing which, complainant is at liberty to execute the order through this Forum.

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent through speed post  to the Superintendent of Correctional Home for handing over the same to the O.P for strict compliance.

 

Member                                                                       Member                                               President

Dictated and corrected by me                

 

 

                                       President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

           

                                                           

Ordered

That the case of the complainant is allowed on contest with cost of Rs.5000/- to be paid by the O.P to the complainant within 45 days from the date of this order along with compensation to the tune of Rs.20000/-  and damage of Rs.5000/- to the complainant within the stipulated period.

The O.P is hereby directed to deliver vacant peaceful possession of the plot of land in question after providing minimum facilities like connecting roads (internal and outside), independent drainage system, Water Supply, Electricity, community hall etc. which are essential to live in the said plot after constructing building by any human being nowadays to the complainant within 45 days from this date, failing which, complainant is at liberty to execute the order through this Forum.

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent through speed post  to the Superintendent of Correctional Home for handing over the same to the O.P for strict compliance.

 

Member                                                                       Member                                               President