DATE OF FILING : 15.12.2014.
DATE OF S/R : 08.07.2015.
DATE OF FINAL ORDER : 11.12.2015.
Sri Ayan Bhattacharya,
son of Sri Gobinda Chandra Bhattacharya,
residing at 56/2/1, Kanta Pukur 3rd Bye Lane, P.O. Kadamtala,
P.S. Bantra, District Howrah,
PIN 711104. ……………...………………………………………………….. COMPLAINANT.
1. M/S. Desire Agro Resorts Development Ltd.,
being represented by its Managing Director
viz. Ashoka Bose & Director viz.
Sanjay Shaw, having its registered office at
P85, Lake Road, Kolkata 700029 and also
At 525, Hemanta Mukhopadhyay Sarani
( Raja Basanta Roy Road ),
Kolkata 700029.
2. Swapan Purkayastha,
residing at 31/B, Hemen Mukherjee Road,
Kolkata 700078.
3. The Branch Manager,
Indian Overseas Bank,
124, N.S. Road,
Howrah 711 101. …………………………………………………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
- Complainant, Ayan Bhattacharya, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. nos. 1 & 2 to refund the advance money of Rs. 87,500/- with interest @ 18% p.a. from 12.03.2005 till realization, to pay Rs. 2,00,000/- as compensation and cost of Rs. 10,000/- along with other relief or reliefs as the Forum may deem fit and proper.
- It is the specific case of the complainant that he entered into an agreement for sale on 16/12/2006 with o.p1 for purchasing a plot of land for which he advanced a sum of Rs. 50,000/- on 12.03.2015 vide annexures Agreement dt.16/12/2006. It was also decided that the balance amount would be paid in 48 installments and the o.ps. were to deliver the said plot within December, 2010 after developing the said property . The complainant further paid Rs. 37,502/- in nine installments from 31.10.2005 to August, 2006 through the o.p. no. 3. In every occasion, o.p. no. 2 contacted the complainant and received the installments vide annexures Bank passbook. Although o.ps were bound to deliver the possession within December, 2010, they failed to discharge their duty to the complainant till date. After receiving nine installments, o.p. no. 2 did not contact the complainant. So,after lapse of few days complainant visited the office of o.p1 and came to know that they were unable to deliver the same. So, complainant submitted his surrender letter on 28/06/2011 and in reply o.p1 sent one letter stating therein that they had allotted him some other plot for which he is required to more amount. But complainant was determined to get back his deposited amount being Rs.87,502 as he lost all his faith on o.ps. But o.p did not pay any heed to his request.Being frustrated and finding no other alternative, complainant has filed this instant petition with the aforesaid prayers.
- Notices were served. Although they once appeared but didnot file any written version. Accordingly, case was heard exparte.
- Upon pleadings of both parties two points arose for determination :
i) Is there 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 :
- Both the points are taken up together for consideration. We have carefully gone through the petition of complaint, annexures and noted their contents. There is no doubt that complainant paid Rs. 87,502 to o.p.1 through o.p.2, agent of o.p.1, to buy a residential plot of land. As o.ps did not keep their words even after the expiry of the scheduled time, We all know that shelter is a basic need to lead one’s life smoothly. O.ps have disregarded the spirit of that need by adopting unfair trade practice. Moreover, they have not filed any w/v challenging the contentions as well as allegations of the complainant So, the complaint petition remained uncontroverted And we have no difficulty to believe the unchallenged testimony of the complainant. Accordingly, we are of the candid opinion that it is afit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. of 550 of 2014 ( HDF of 2014 ) be allowed exparte with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to pay Rs. 87,502 to the complainant within one month from this order.
That they are further directed to pay to the complainant an amount of Rs. 3000 as compensation and Rs.2000 as litigation costs.
That the o.ps. are further directed to pay the entire amount of Rs.92,502 to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 8% per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
