DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. _50   _ OF ___2018

DATE OF FILING : 27.4.2018    DATE OF PASSING JUDGEMENT:  _25.7.2018_

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :            Mr. Pranes Ch. Biswas, son of late Brajendranath Biswas, R/O Master Para, P.O & P.S Baruipur, South 24-Parganas, Kolkata-144.

•  VERSUS  -

O.P/O.Ps                    :  Sri Tapan Ghosh , son of late P.L Ghosh, Managing Director, ABS Land Development & Construction Pvt. Ltd. office at 13/B, Jatin Das Road, P.S Tollygunge, Kolkata – 29.       

                                  Residence: Tapan Ghosh, 6, Panchkori Ghosh Lane, Kolkata-8.

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                                                J  U  D  G  M  E  N  T

Sri Subrata Sarker, Member

                  Briefly stated, the facts leading to the filing of the instant case by the complainant are that complainant entered into an agreement on 4/05/2013 for sale with the O.P for purchasing a plot of land as succinctly described in Schedule B to the complaint for a total consideration price of Rs. 4 lac. Out of the total consideration price of Rs.4 lac, complainant paid Rs.2,10,000/- at the time of booking and thereafter he paid Rs.70,000/- through installments on proper money receipt with signature and seal from the O.P. But the O.P did not make any development work on the plot till date and, therefore, the complainant has prayed for return of the consideration money paid by him to the O.P and also for payment of compensation etc. Hence, arises the instant case.

                 The O.P made  no appearance in the case . Hence, the case is heard exparte against him.

                Complainant has filed a petition on 6.7.2018 stating that his complaint petition may be treated as his evidence and the same is kept in ther ecord.  

                                                      Decision with reasons

                It is to be seen now whether the complainant is entitled to get relief or reliefs as prayed for by him.

               It has been stated by the complainant in his complaint petition, which has been treated as evidence as per his prayer that he made an agreement with the O.P and the O.P also agreed to sell a plot of land as described in schedule to the complaint to him for a consideration price of Rs.4 lac. It is also stated by the complainant in his petition of complaint  that he paid Rs.2,80,000 to the O.P on different dates. Since then, the O.P has made no development work upon the plot of land in terms of the agreement and, therefore, the complainant now prays for return of the money paid by him to the developer. All these are transpiring in the petition of complaint/evidence of the complainant. The O.P has not made any appearance in the case, nor has he led any evidence herein. The evidence of the complainant as pointed out above has remained unchallenged and relying upon the unchallenged evidences of the complainant, we are of the opinion that the complainant has been able to prove deficiency in service on the part of the developer. Failure on the part of the developer to develop the land is undoubtedly an act of deficiency in service on his part. On perusal of the materials on record it is found that more than five years has passed away but the developer has not made any development in the case land and, therefore, the complainant is deemed entitled to get relief or reliefs as prayed for.

         Hence,

ORDERED

That the complaint case be and the same is allowed exparte against the O.P with a cost of Rs.5000/-.

The O.P is directed to refund the consideration price i.e Rs. 2,80,000/-, received by him from the complainant,  with interest @12% p.a from the date of payment of the said price till full realization thereof.

The O.P is also directed to make payment of a sum of Rs.3 lacs to the complainant as compensation for loss sustained by him due to appreciation of value of land, harassment and mental agony caused to them by the O.P along with litigation cost ,within a month of this order, failing which, the compensation amount and the cost amount will bear interest @10% p.a till full realization thereof.

     Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                              Member                                            Member               

Dictated and corrected by me

                         Member