C. C. No-47/2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 PARGANAES
Amatran Bazer, Baruipur, Kolkata-700144
C. C. CASE NO 47. Of 2019
Date of filing: - 19/03/2019 Date of Judgment- 17/12./2019
Present : President- Ananta Kumar Kapri
Members- Jhunu Prasad and Jagadish Chandra Barman
Complainant : Mrs. Irani Khatun.
Wife of Aliur Rahaman
Santoshpur, P.O.-Bidhangar,
Kolkata-700066
VERSUS
Opposite Party Messer’s Solace Management Consultancy
Services (Pvt.) Ltd.
Sri Aditya Mukherjee (Ditector)
Son of Arunlal Mukherjee
CF - 157, Salt Lake,
Sector-1. P. O.- Bidhan Nagar
Police Station- Bidhan Nagar North
Kolkata- 700064.
Sri Jagadish Chandra Barman, Member.
The facts leading to the filing of the instant case by the complainant may be epitomized as below:-
Having attracted with the brochure of the opposite party `s project “Amar Bagan” in the area located at Pargana Balia, Touzi no-1521, J. L. No- 19, R. S. No.- 42, Mouza- Daulatpur. Police Staton- Maheshtala, the holding no- being no D5-203/New, D5-201/New, d5-196/750/1,D5-195/new, D5-198/750/2, D5-199/New,d5-202/New, D5-212/New, D5-200/New, D5-204/New - all at Daulatpur Main Road, ward no-30, Mahestala Municipality, Dist.- 24 Parganas South, the applicant of this instant case entered into an Agreement for Sale on 16/10/2015 with the opposite party. The applicant expected to get a flat no-2, first floor, block-S measuring 326 sq. feet super built area and a covered car parking space for a consideration money of Rs. 6,11,000 ( Rs. Six lac and eleven thousand ) only within 30 (thirty) months from the date of agreement. The applicant paid Rs. 50,000=00 (fifty thousand) only to the O.P. by cheque bearing no- 813601 before agreement. and Rs. 1,00,000=00 (Rs. One lac) only on the date of agreement by cheque bearing no- 813609 of the State Bank of India from her A/C No- 11712435636 of Panchur Branch, Kolkata-700018. Both the cheque were encashed duly by the Developer. . The Developer/ O.P. also issued a receipt to the Complainant.
The complainant, thereafter, visited the said site frequently but she did not find any iota of starting construction works there within stipulated period of 30 months. Hence the complainant wrote to the opposite party to refund the money . The O.P. informed her by a letter dated 12/06/2017 that the said project would be started in July 2017. But the complainant did not trust the assurance and requested by another letter on 30th December 2018 to cancel the agreement of 16/10/2015 signed between the complainant and the opposite party. Then Mr. Aditya Mukherjee, the Director on behalf of the opposite party had sent to the Complainant 3 (three) cheques vide no. 333275 of Rs. 50,000=000 only Dated 30/4/2018, no. 333276 of Rs. 50,000=000 only 31/5/2018 and no. 333277 of Rs. 50,000=000 only dated 30/6/2018 . In total of Rs. 1,50,000=00 ( one lac fifty thousand only. All the cheques were of the Axis Bank , Salt Lake, Kolkata of the account no. 913020025607522.
Thereafter, all the abovementioned cheques were deposited by the complainant in time into the State Bank of India, Panchur(Rabindra Nagar)(PNC) branch. It is a fact that, the State Bank of India had returned all the cheques to the complainant under the letter nos. respectively 013031/163002/440 dated-15th May 2018, dated- 7/6/2018, no-066991/15100/480, dated -16 July 2018 because there was no sufficient money to the said account of the opposite party .
Under this circumstances, the complainant filed this complaint case before this learned Forum on 17/03/2019 and it was admitted on 02/04/2015 after perusal of the documents. The learned forum sent a copy of the complaint to the opposite party under speed post on 13/04/2019. The postal department could not serve the copy of the complaint case to the opposite party. So the copy was returned by the postal department to this Consumer Disputes Redressal Forum on 29/04/2019. Thereafter, the complainant published the matter of this instant complaint case in a renowned paper “AZKAL” on 5th August 2019 DIRECTING THE OPPOSITE PARTY TO APPEAR before the learned Forum on 14/08/2019 at 10.30 A.M. It was also stated in the newspaper that in the event of non-appearance the instant case would be heard Ex-parte. Even after that the opposite party did not turn up before this Forum on any day to contest the instant case and, thus, the case proceeds exparte against the opposite party.
Upon the averments of the complainant, the following points are formulated for the consideration.
POINTS FOR DETERMNATION.
- Is the O. P. guilty of deficiency in service and unfair trade practice as alleged by the complainant?
- Is the complainant entitled to get relief or relieves as prayed for?
EVIDENCE OF THE PARTY
The complainant prays to allow the petition of complaint to treate as evidence of the complainant,and her prayer is allowed.
DECISION WITH REASONS
Points no. 1, 2:
The opposite party `s project “Amar Bagan” in the area located at Pargana Balia, Daulatpur Main Road, ward no-30, Mahestala Municipality, Dist.- 24 Parganas South, the applicant of this instant case entered into an Agreement for Sale on 16/10/2015 with the opposite party. The applicant expected to get a flat no-2, first floor, block-S measuring 326 sq. feet super built area and a covered car parking space for a consideration money of Rs. 6,11,00=00 ( Rs. Six lac and eleven thousand ) only within 30 (thirty) months from the date of agreement. The applicant paid Rs. 1,50,000=00 ( Rs. One lac fifty thousand) only to the O.P. by cheques bearing no- 813601 & 813609 of the State Bank of India from her A/C No- 11712435636 of Panchur Branch, Kolkata-700018. Both the cheque were encashed duly by the Developer. . The Developer/ O.P. also issued a receipt to the Complainant.
Thereafter the complainant patiently waited many months but she could not find any iota of construction works started and wrote a letter to thr O. P. . In response to that letter of the complainant, the O.P. informed the complainant by a letter dated 12/06/2017 that the said project would be started in July 2017. But the complainant did not trust the assurance of the O.P. and requested by a letter on 30th December 2018 to cancel the agreement of 16/10/2015 signed between the complainant and the opposite party.
As per request of the complainant, Mr. Aditya Mukherjee, the Director on behalf of the opposite party had sent to the Complainant 3 (three) cheques vide no. 333275 of Rs. 50,000=000 only Dated 30/4/2018, no. 333276 of Rs. 50,000=000 only 31/5/2018 and no. 333277 of Rs. 50,000=000 only dated 30/6/2018 . In total of Rs. 1,50,000=00 ( one lac fifty thousand only. All thecheques are of the Axix Bank , Salt Lake, Kolkata of the account no. 913020025607522.
All the abovementioned cheques were deposited by the complainant in time into the State Bank of India, Panchur (Rabindra Nagar) (PNC) branch. But the State Bank of India had returned all the cheques to the complainant under the letter nos. of the State Bank of India respectively 013031/163002/440 dated-15th May 2018, dated- 7/6/2018, no-066991/15100/480, dated -16 July 2018 because there was no sufficient money to the said account of the opposite party .
Hence it is clear from the receipt of the O.P. that O.P.has taken Rs. 1,50,000=00 ( Rs. One lac fifty thousand) only from the complainant.. But the O. P. did not take any initiative to construct and complete the building of the proposed project “Amar Bagan”. Therefore, the purpose of the opposite party is to collect money from the interested and innocent purchaser . So it is a clear case of deficiency of service and unfair trade practice on the part of the O. P.
In relation to point 2, we are of the opinion that the complainant was very eager to avail a flat of the said construction as per agreement within a period of 30 months from the date of sale agreement i.e, 16/10/2015. It is clear from her payment of Rs. 1, 50,000=00 only to the opposite party. But the opposite party did not bother as to her concern, anxiety and mental agony. Not only that but also very much relevant to mention here that whenever the complainant requested to return the paid amount i.e., Rs. 1,50,000=00 (one lac and fifty thousand) by a letter, the Director on behalf of the opposite party sent to the complainant ( 3 ) three cheques each of Rs. 50,000=00 only knowing it properly that there were no sufficient amount in the Pass book vide account no. 913020025607522 to pay the opposite party . Our opinion is supported by The State Bank`s remarks that there were no sufficient money in the bank account of the Opposite party to encash the cheques. Therefore the attitude of the O.P. is to deceive the complainant. This is also clear indication of unfair practice.
In the result, the case succeeds.
Hence,
ORDERED
That the complainant case be and the same is decreed exparte against the opposite party with cost Rs. 10,000=00 only.
The Opposite party is directed to pay Rs. 1,50,000=00 only as her deposited money with 10% simple interest from the date of agreement i.e. 10/10/2015 to the date of realization.
The O. P. is also directed to pay Rs. 1,00,000=00 only as compensation amount for harassment and mental agony within 30 (thirty ) days from the date of this order, failing which the cost amount and compensation amount will bear 10% p.a. simple interest till full realization thereof.
Register in- charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
I/We agree.
Dictated and corrected by me
Member
