West Bengal

South 24 Parganas

CC/212/2015

Mrs. Purabi Rakshit, Wife of Sri Biman Rakshit. - Complainant(s)

Versus

M/S. Desire Agro Resorts Development Pvt. Ltd. represented by its Managing Director, Sri Ashoke Bose - Opp.Party(s)

Siba Prasanna Ghosh.

10 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _212_ OF ___2015_

 

DATE OF FILING : 5.5.2015                       DATE OF PASSING JUDGEMENT:  10/08/2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker

                                                                             

COMPLAINANT             :   Mrs. Purabi Rakshit, w/o Sri Biman Rakshit of 28, Hospital Link Road, Eastern Park, Santoshpur, P.S. Survey Park, Kolkata – 75.

 

-VERSUS  -

 

O.P/O.Ps                            :  M/s Desire Agro Resorts Development Private Limited. Represented by Managing Director Sri Ashoke Bose of P-525, Raja Basanta Roy Road, Kolkata – 29.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

            The short case of the complainant is that O.P being a developer entered into an agreement on 10.7.2007 with the complainant to sell two plots of agricultural land namely plot no.C74 and C75 measuring 1800 sq.ft each in Dakshinayan-III Extn, Ty-pe B Project at Joyenpur, Mouza Dinglepota, J.L. No.69, P.S. Sonarpur, South 24-Parganas at a consideration of Rs.2 lacs each including the development cost of Rs.18000/- each. It has claimed that booking money of Rs.40,000/- was paid on 21.3.2007 and the balance consideration money of Rs.1,60,000/- for each plot was paid in 36 equated monthly installments according to the stipulations mentioned in the deed of agreement . The O.P is bound to execute the deed of conveyance after development. It has claimed that inspite of payment complainant approached the O.P on numerous occasions to deliver possession after development and to execute and register the proper deed of conveyance but on 11.5.2012 the O.P though obtained from the complainant necessary information for execution of deed of conveyance but deed of conveyance was not executed till date. Accordingly legal notice was served on 5.12.2014 but O.P refused to take any initiative and adopted dilatory tactics. Hence, this case praying for a direction upon the O.P to complete the possession and to execute and register the deed of conveyance of the schedule plots , compensation and cost.

            The O.P contested the case by filing written version and denied all the allegations leveled against him. It is the positive case of the O.P that O.P reasonably believed and sincerely hope that works of the development of the project is expected to be completed by or within December, 2015 and in that event O.P reasonably believes to hand over possession of the alleged plots of land to the complainant within January 2016 subject to payment of entire consideration money along with other incidental costs, charges for registration. It is further stated by the O.P that alternatively complainant may take back her money after surrendering the same and in that event complainant will be entitled to get back her paid money within 120 days from the date of surrender. It has claimed that due to recent internal calamity for consecutive 2-3 days on and from 31.7.15 to 2.8.2015 , the work of development was hampered and project is submerged . Accordingly O.P prays for accepting the written version and to dismiss the complaint.

            Points for decision in this case is whether there is any deficiency in service or unfair trade practice adopted by the O.P or not.

                                                                        Decision with reasons

            Considering the totality of the circumstances we find that complainant already paid the consideration money along with development amount but the plots were not delivered. It was the plea of the O.P that development work was hampered due to natural calamity and the same will be delivered within January 2016 subject to payment of entire consideration money by the complainant along with other incidental charges.

            The complainant by filing Brief Notes of Argument has submitted in para 8 that he is ready to pay necessary registration fee for execution and registration of the deed of conveyance. The further contention of the complainant is that he had paid Rs.2,00,016/- only for plot no. C-74 and Rs.1,99,984/- for plot no.C-75 respectively including the development cost and further money receipts of 36 installments since paid by the complainant has been supplied to the O.P and the said documents are annexed vide Exhibit a,b,c,d series. Thus we find hat complainant has been able to prove his case and after receipt of money as well as development cost since the O.P has failed and neglected to hand over the developed plots and arrange for registration, of course at the cost of the complainant, O.P acted deficiency in service.

            Accordingly, it is

                                                                        Ordered

That the O.P is hereby directed to hand over possession of the plots after development to the complainant within three months from the date of this order and after delivery of the possession proceed for registration of the said plots at the cost of the complainant and that episode has to be completed within 15 days from the date of actual delivery of the two plots of the complainant.

The O.P is directed to pay compensation to the tune of Rs.25000/- and cost of Rs.5000/- to the complainant within the stipulated period, failing which, complainant is at liberty to execute the order through this Forum.  

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,         

 

 

                                                                        Ordered

That the O.P is hereby directed to hand over possession of the plots after development to the complainant within three months from the date of this order and after delivery of the possession proceed for registration of the said plots at the cost of the complainant and that episode has to be completed within 15 days from the date of actual delivery of the two plots of the complainant.

The O.P is directed to pay compensation to the tune of Rs.25000/- and cost of Rs.5000/- to the complainant within the stipulated period, failing which, complainant is at liberty to execute the order through this Forum. 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President