DATE OF FILING : 12.02.2015.
DATE OF S/R : 01.06.2015.
DATE OF FINAL ORDER : 06.11.2015.
Sri Arabinda Sen,
son of late Ajit Sen,
residing at 1, Fern Road, P.S. Gariahat,
Kolkata 700 019.………………………………..……………………… COMPLAINANT.
1. M/s. Desire Agro Resorts Development Pvt. Ltd.,
a private company constituted under the Companies Act, 1956
and carrying on business from its registered office at
P 525, Hemanta Mukhopadhyaya Sarani ( formerly Raja Basanta Roy Road )
P.S. Lake, Kolkata 700029.
2. Sri Ashoke Bose,
being Managing Director of
M/s. Desire Agro Resorts Development Pvt. Ltd.
and carrying on business from
P 525, Hemanta Mukhopadhyaya Sarani ( formerly Raja Basanta Roy Road )
P.S. Lake, Kolkata 700029.……...…….……………………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, Arobinda Sen, against the o.ps., M/s. Desire Agro Resorts Development Pvt. Ltd., and Shri Ashoke Bose, being the Managing Director of the above company, praying for a direction upon the o.ps. to refund him the deposited sum of Rs. 1,46,000/- and a further sum of Rs. 1,70,000/- as compensation for mental agony and harassment and alternatively allot him a plot of land being plot no. 377 of Type ‘A’ after receiving the balance amount and also to pay interest on his money.
- The case of the petitioner is that he came in touch with o.p. no. 2 in a social gathering who told him that he was in possession of various vacant plots for sale at Domjur which was known as Golden Gate. The petitioner was interested to purchase a plot of land and he also chose plot of land and sometimes in October, 2006 he deposited a sum of Rs. 36,000/- out of total consideration of Rs. 1,80,000/- and the balance amount was Rs. 1,44,000/- would be deposited in 36 installments of Rs. 4,000/- each. The petitioner was allotted plot no. 377 of Type ‘A’ and it was agreed that on full payment of consideration money the plot would be registered in his favour. The petitioner again paid Rs. 1,10,000/- by installments and thus a total payment was made of Rs. 1,46,000/-. On 15.03.2010 the petitioner prayed for refund of money already paid by him as he wanted to surrender the plot allotted to him. The o.p. remained silent and did not refund the money and an enquiry he came to know that the office of o.p. situated at P 85 Lake Road was shifted to P 525, Hemanta Mukhopadhyay Sarani formerly known as Raja Basanta Roy Road, Kolkata 700 028. He lodged a complaint before O.C., Lake Road P.S. and then finding no alternative filed this case.
- In the instant case the o.p. though served with notice did not appear and contest the same and thus the case is heard ex parte against the o.ps.
4. The only point decided whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. In support of his case the petitioner filed affidavit in chief along with documents being the certificate in favour of the petitioner issued by the o.ps. as well as other documents which proved that he paid a sum of Rs. 1,46,000/- to the o.ps. out of total consideration money of Rs. 1,80,000/- and the petitioner prayed for refund of the money with interest. Due to his personal problem on 15.03.2010 at the company did not acknowledge him and the petitioner found that the company shifted from one place to other and no positive reason was given by the o.ps. and the petitioner apprehended that the company might close down its business for cheating the depositors then he filed this case.The above oral and documentary evidences went unchallenged and there isnothing to disbelieve the case of the petitioner which proved the case of the petitioner ex parte.
Court fees paid is correct.
In the result, the application succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 62 of 2015 ( HDF 62 of 2015 ) be allowed ex parte with costs against the O.P. no. 1 and o.p. no. 2 representing the o.p. no. 1.
The petitioner is entitled to refund of his deposited money of Rs. 1,46,000/- with interest from the date of this order @ Rs. 9 % per annum till realization and a sum of Rs. 50,000/- as compensation in lump sum alternatively the o.ps. to allot the land being Plot no. 377 of Type ‘A’ to the petitioner within one month from the date of this order after receiving the due amount failing the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
