DATE OF FILING : 13.02.2014.
DATE OF S/R : 19.03.2014.
DATE OF FINAL ORDER : 17.11.2015.
Alok Kumar Mohanto,
village Ankhirapara, P.O. Chakvrigu, P.S. Balurghat,
District Dakshin Dinajpur, West Bengal,
PIN 733102. ………………………………………………………… COMPLAINANT.
1. M/S. Debi Enterprise,
2. Susanta Jana @ Laltu Jana,
proprietor of M/S. Debi Enterprise,
both of 23, College Ghat Road, P.O. B. Garden,
P.S. Shibpur, Howrah,
PIN 711103. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Alok Kr. Mohanto, who is a government employee being a police constable, praying for an order of payment against the O.Ps. calculating the principal amount along with the interest and Rs. 1 lakh as compensation and Rs. 50,000/- for legal expenditure.
- The case of the petitioner is that he visited the office of the o.p., M/s. Devi Enterprise, and met with o.p. no. 2 Susanta Jana for the purpose of purchase of a land and development of a building on the same. The o.p. no. 2 allotted a piece and parcel of land measuring 1.5 cottah out of total 3 biggha situated at Bakultala, Danesh Sk. Lane, Andul Road, under P.S. Sankrail, Howrah, and an agreement for sale was held between the petitioner and the o.ps. on 03.11.2001. The o.p. no. 2 demanded Rs. 2,74,000/- against the total consideration in respect of 1.5 cottah i.e., 1080 sq. ft. of land and building construction and as per terms and conditions the petitioner started making payment by way of several deposits and totally paid Rs. 2,35,000/- out of Rs. 2,74,000/-. The petitioner asked the o.ps. to execute and register the sale deed after receiving Rs. 39,000/- which was for construction of the building. The petitioner stopped payment of Rs. 39,000/-. The o.p. no. 2 accepted Rs. 2,35,000/- but did not perform his duty in spite of several requests from the petitioner. Finding no other alternative the petitioner sent demand notice and the o.p. no. 2 received the same and told him to receive the money step by step. This is an unfair trade practice on the part of o.ps. and the petitioner filed this case.
3. The o.ps. contested the case by filing a separate written version denying the material allegations made in the petition and submitted that the petitioner made an agreement with the o.ps. to purchase a plot of land measuring 1.5 cottah and to construct a pucca building thereon and as per terms and conditions of the agreement the o.ps. purchased the plot measuring 1.5 cottah. But after purchase of land the petitioner told the o.ps. to return the money given by the petitioner to o.ps. The o.ps. paid Rs. 1 lakh and on 09.07.2009 the petitioner filed a case before the Shibpur P.S. being Case No. 333 of 2009 and thus this case is not maintainable as the petitioner suppressed the original case and the case be dismissed.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether there is any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In support of the case the petitioner filed an affidavit in chief wherein he submitted that he paid Rs. 2,35,000/- to the o.ps. for purchase of a plot of land and of construction of a one storied building for which he agreed to pay Rs. 2,74,000/- and out of the same he paid Rs. 2,35,000/- and he filed money receipts in support of the same which proved the fact that the o.ps. received Rs. 2,35,000/- from the petitioner as per agreement but they neither produced any document in support of their case that they purchased the plot of land in favour of the petitioner or made construction over the said purchased land resulting which the petitioner filed this case for return of the entire consideration amount of Rs. 2,35,000/- with interest. The o.ps. in their written version submitted before the Forum that they paid a sum of Rs. 1,00,000/- to the petitioner but when they paid the money is not disclosed and they have not produced any document in support of such payment. Further letter dated 27.04.2006 written by the o.p. to the petitioner proved the case that he would return the entire amount taken by him within 30th June of that year and in another letter dated 05.6.2006 he wrote to the petitioner that he would pay the amount within 16.7.2006. The above two letters along with the agreement proved the case of the petitioner when the money receipts given by the o.ps. in favour of the petitioner proved the case of the petitioner. This Forum heard the ld. counsels who submitted in favour of their cases but on scrutiny of the case record specially the documents filed by the parties it is proved that the o.ps. though received Rs. 2,35,000/- out of Rs. 2,74,000/- of the total consideration for purchase of land and cost of construction of one storied building yet they did nothing and they conceded in their two letters that they would refund the money and not doing so they clearly acted against the terms and conditions of the agreement and their acts and conducts amounted to deficiency in service on their part as well as unfair trade practice.
In view of above the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 72 of 2014 ( HDF 72 of 2014 ) be and the same is allowed on contest with costs against the O.Ps.
The petitioner, Alok Kumar Mohanto, is entitled to get refund of his entire paid amount of Rs. 2,35,000/- with 9% interest since the date of payment till realization of the amount and the o.ps. are directed to pay the above amount to the petitioner within 60 days from the date of this order failing the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
