DATE OF FILING                    :     11.07.2016.

DATE OF S/R                            :      17.8.2016.

DATE OF FINAL ORDER      :     20.03.2017.  

Agnimitra Paul,

son of late Manick Lal Paul,

residing at 137, Benaras Road, Salkia,

District Howrah,

PIN 711106. ………………………………………………………… COMPLAINANT.

• Versus   -

1.         M/s. Desire Agro Resorts Development ( P ) Ltd.,

being represented by its Managing Director

viz. Ashoke Bose & Director viz. Sanjay Shaw,

having its registered office at

P85, Lake Road,

Kolkata 700029. 

2.         Sanjay Shaw,

the Director of M/S. Desire Agro Resorts Development ( P ) Ltd.,

residing at P-23, Dobson Lane,

P.O. & P.S. & District Howrah,

PIN 711101. ………………………………………………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

1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Agnimitra Paul, against the o.ps, M/S. Desire Agro Resort Development Pvt. Ltd.  & another namely Sanjay Shaw being director of o.p. no. 1, praying for a direction upon the o.ps., to execute and register the sale and give delivery of possession in respect of the schedule mentioned property measuring 2160 sq. ft. in Mouza & P.S. Domjur, dag no. 4029, khatian no. 1978 or to refund the advance money of Rs. 2,75,000/- with 18% interest till realization and to  pay compensation of Rs. 2 lakhs and Rs. 10,000/- as litigation costs.  

2. The case of the petitioner is that the o.p. developer launched project Golden Gate 221 at Mouza and P.S. Howrah, in order to sell the property by developing the land by making different plots to different purchasers and accordingly knowing about the same from the published advertisement the petitioner entered into an agreement with the o.ps. for purchasing a plot. It was agreed that the petitioner would make payment of Rs. 2,55,000/- being Rs. 1,53,000/- as cost of land and Rs. 1,02,000/- towards development cost and Rs. 25,500/- being cost of registration. The petitioner made payment of Rs. 51,000/- at the time of agreement and the balance amount would be paid in 36 monthly installments of  Rs. 5,667/- each. The booking amount of Rs. 51,000/- was paid on 10.10.2006 and the installments were paid till February, 2009 and on 02.12.2009 paid Rs. 20,000/- as cost of registration. Thus the entire amount being paid the o.ps. assured that they would complete development work before October, 2011 and then deliver the plot. The period was further extended for another three years till October, 2014 but the o.p. did not give possession and execute and register the sale deed in respect of the schedule mentioned property providing electricity, road, bedding, water connection, sewerage, park, play ground etc. The o.p. failed to give any satisfactory answer to the petitioner     till March 18^th, 2016 compelling the petitioner to file the case.

3. The o.ps. though served with notice did not appear and contest the case and thus the case is heard ex parte against them.

4. The only point to be decided here is whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. In support of his case the petitioner, Agnimitra Paul, filed affidavit as well as documents being the original agreement with the o.ps.and the original payment receipts and the original certificate which proved the fact that the petitioner made payment of a sum of Rs. 2,55,000/- to the petitioner as the consideration and also paid Rs. 20,000/- out of Rs. 25,000/- being registration costs. All the oral and documentary evidences went unchallenged as there is nothing to disbelieve the case of the petitioner which clearly proved that the petitioner paid Rs. 2,75,000/- to the o.ps. and is entitled to get schedule mentioned land measuring 2160 sq. ft. in Mouza and P.S. Domjur, in dag no. 4029 and Khatian no. 1978, registered in his name failing which he would be entitled to refund of the advance amount of Rs. 2,75,000/- with interest from the date of payment till realization and also entitled to compensation and litigation costs.

In the result, the application succeeds.

Court fee paid is correct.

      Hence,

                       O     R     D      E      R      E        D

      That the C. C. No. 222  of  2016  be and the same is  allowed ex parte  with  costs  against  the O.Ps. 

      The petitioner is entitled to the reliefs as prayed for. The o.ps. are directed to execute and register the schedule mentioned property in favour of the petitioner within 30 days from the date of this order failing the o.ps. are to refund Rs. 2,75,000/- with interest @ 9% p.a. from the date of payment till realization within another 30 days and also to pay Rs. 50,000/- out of which Rs. 20,000/- would go to the petitioner as compensation and the rest amount of Rs. 30,000/- would be deposited in Consumer Legal Aid A/c of this district  and to pay Rs. 5,000/- as litigation costs to the petitioner. 

      The stipulated period being  over, the petitioner would be   at liberty to put the final order  into execution after expiry of the appeal period.

       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.