FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case, in brief; is that upon believing advertisement of OP, he submitted two applications for purchasing two residential plot being Nos. 222 and 223 both measuring an area of 1440 sq. ft. each at Veer Awas, Kolkata project, at Village Taldharia under P.S.- Barasat within the district of North 24 Pgs against allocation letters bearing Nos. CB/Kolkata/028/222 and CB/Kolkata/028/223 both dated 02.05.2013. Total consideration amount of each plot is Rs. 8,14,730.23. Complainant paid the entire consideration amount of Rs. 16,29,460.46/- to the OP on various dates against money receipts. The OP did not deliver possession of the subject plots and/ or execute and register Deed of Conveyance in his favour. The OP escaped their liabilities by practicing fraud. The OP adopted unfair trade practice allured the complainant including others at large. Hence, the complainant has approached this Commission by way of Consumer Complaint seeking reliefs as prayed for.
In spite of service of notice the OP did not turn up to contest the case. As such, the case has proceeded ex-parte against the OP.
Decision with Reasons
We have travelled over the documents on record i.e. Photocopies of Allocation Letter both dated 02.05.2013 and money receipts dated 04.10.2013 and 27.09.2013 against Registration Nos. CB/Kolkata/028/222 and CB/Kolkata/028/223. On perusal of those documents, we find that the Complainant booked two residential plot being Nos. 222 & 223 at Veer Awas Kolkata Project, at Village Taldharia under P.S. Barasat within the district of North 24 Pgs. OP issued two allocation letters both dated 02.05.2013 against payment of entire consideration amount in respect of the subject plots. OP did not start any development work on the proposed project namely Veer Awas, Kolkata though the OP has received Rs. 16,29,460.46/- from the complainant and utilized the said money for its own gain without starting any development work at the project site. There is no evidence on the part of the OP to controvert the version of the complainant. In absence of any contrary and controverting materials coupled with documents on record, complainant has been able to establish his case against the OP. Therefore, OP has exhibited a gesture of unfair trade practice and deficiency of service. Thus, the complainant is entitled to get relief as prayed for.
In view of the discussion above, the complaint is allowed with following directions:-
- OP is directed to handover possession of the subject plots to the complainant within 60 days from today.
- OP is directed to execute and register Deed of Conveyance of the subject plots in favour of the complainant within one week from the date of handover possession.
- Alternatively, the OP is directed to refund Rs.16,29,460.46/- to the complainant within 90 days from today along with compensation of simple interest at the rate of 7 percent per annum from the date of respective payments till realization of the amount.
- OP is directed to pay a sum of Rs. 5,000/- as cost of litigation to complainant within the stipulated period.
With these directions the present consumer complaint stands disposed of.
Copy of the judgment be given to the parties as per rules.
Order No. 14 Date- 22.03.2021.
Record is put up on the prayer of the complainant.
A petition is filed for the complainant stating that in the judgment 25.02.2021 passed by the this Forum, the name of the complainant has been missing instead name of father of the complainant A K Roy has been typed as complainant at the first page of the judgment with the prayer for rectification of the matter.
Perused the petition. Considered. It appears that name of the complainant in the judgment dated 25.02.2021 passed in this case has been inadvertently typed as A K Roy instead of Shashi Anand.
In view of the above, the same is rectified in such a manner that name of the complainant at the first page of the judgment aforesaid be read as Shashi Anand in place of A K Roy. Parties are to act accordingly. Let rectified copy of the order is supplied to the parties.
