This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that in the month of September, 2012 complainant saw an advertisement in the Newspaper to the effect that the OP was in the market for selling residence plot of land near Rajarhat New Town in the name of Chakra City Phase – I, in Mouza-172, J.L. No.-8, R.S. Dag No.465(p)468/481, R.S. Khatian No.704, L.R. Khatian No.289, measuring of area of 2 katha, under 289 Gram Panchayet of Benttala-ii, P.S. Leather Complex, A.D.S.R. Bhangore, Dist – 24 Pgs South.
After enquiry one of the Marketing Manager of Chakra Infrastructure Ltd. Mr. Biplab Halder contacted to the complainant and approached to sell a plot measuring 2 katha at their newly started project namely Chakra City Phase-I, near Rajarhat, Newtown and for the purpose of verification and searching all papers and documents the complainant made a payment of Rs.1 lakh as an advance vide cheque on 339205 dated 13-10-2012 in favour of the company at their Ultandanga Office and collected relevant papers and documents as per their company’s rules, thereafter present complainant received an allotment letter dated 24-11-2012 for a plot measuring 2 katha at near Rajarhat New Town in their newly allocated said project with a consideration value of Rs.13,30,000/.
After that complainant on scrutiny of all papers and documents paid the remaining amount of Rs.12,30,000/- to the said company through three cheques vide no.426426, 339211, 339210 dated 21-01-2013 towards the cost of booking charge along with development charges of their allocated plot at near Rajarhat namely Chakra City-I and at the same time complainant got assurance from Sri Partha Chakraborty, Managing Director of the said company that they will deliver the khas possession after development within three months from that day and also committed to pay an interest of 1 percentper month if they failed to deliver the said possession.
On receipt of the full amount from the complainant OP neither contacted the complainant for any further development nor handed over any papers related to the plot, when the complainant enquired over phone to Mr. Biplob Halder complainant came to know that some legal dispute arise in their project and they unable to handed over the allocated plot within the specified time but to pay 1 percentinterest as per their commitment till the development and hand over of possession. Accordingly, 1 percentinterest per month at the rateRs.13,300/- was paid and complainant got it for three months only. Subsequently, in the month of February, 2012 that their company is facing some other legal obligations and before coming out from this legal entangles they are unable to develop and handed over the khas possession or any interest and for that reason they will refunded entire amount to the complainant within a short period.
Thereafter, complainant several times asked the OPs about their status of their plot and current position of development but every time they did not answered so, by letter dated 06-05-2013 complainant clearly written and demanded registration or refund the consideration value but there were no response on the part of the OPs.
On 12-11-2013 OPs informed to the complainant that they are unable to allot the said plot in favour of the complainant and on the same date the said company issued three post dated cheques in favour of the complainant drawn on ICICI Bank vide No.021213 vide Rs.1 lakh dated 29-12-2013 which was duly honoured by the complainant banker.
Complainant subsequently received other post dated cheques but those were dishonoured due to insufficient fund as per scheduled cheque complainant submitted that on their bank that is SBI Bally Branch but returned unpaid due to insufficient of fund and the same was informed to the OP and the said Partho Chakraborty promised to clear up all outstanding within a month but knowing fully well the said managing director has avoided to the complainant for the same. Observing all the affairs and finding no other alternative complainant asked the OP and demanded the refund or registration within March, 2014 but the said OP refused to hear the complainant’s grievance. Thereafter, complainant issued a demand letter through his Ld. Lawyer on 24-04-2014 narrating discrepancies and demanded adequate compensation but they did not answer.
In the above circumstances, for deficiency and negligent on the part of the OP and for mis-commitment and deceitful manner on the part of the OP complainant compelled to file this complaint for redressal.
Fact remains notices were served but same were returned with note that there is no office only vacant land for which notice was published in Sambad Pratidin in 7th July, 2015 and it was widely published by this Forum by this publication but even after that OPs did not turn up or taken any steps and in the above circumstances the case is heard ex parte.
Decision with Reasons
On careful consideration of the complaint including the money receipt issued by Chakra Infrastructure it is clear that they by publication declared that they are willing to sell plots after development of land and as because complainant was intending to buy such a plot he as advance amount paid Rs.1 lakh initially on 13-10-2012 and it was encashed by the OP and they supplied all documents for verification and ultimately on 31-02-2013 OP issued a receipt accepting the fact of receipt of Rs.12,30,000/- again so, it is clear that OP received Rs.13,30,000/- for selling the said plot to the complainant when an application of booking of residential plot was submitted by the complainant and that was accepted. Thereafter agreement to sale was executed in between the complainant and the OPs on 21-01-2013 but thereafter, complainant found that the plots were not developed and subsequently, OP informed that there are some legal obligations for which it would not be possible to execute the sale deed and also failed to deliver the khas possession of the plot of land after development thereafter, complainant visited the said plot and found that there no development work was made and subsequently it was detected that OPs are not attending the complainant for the purpose of execution of the sale deed or for refund of the money. So, complainant submitted an application to the OP on 13-08-2013 for the cancellation of the same and refund of the money. But OPs ultimately avoided the complainant and thereafter, it was found that entire office is closed and none was there to entertain and subsequently complainant understand that the absence of the OP is only on the ground that OP is a fake developer and they are deceiving the customer in such a manner and in this case all the allegations made by the complainant against OPs and OPs were repeatedly asked to refund the same but they did not consider it and ultimately they failed and deceived the complainant in so many manner and admitted position is that complainant paid Rs.13,30,000/-. Agreement of sale was executed but possession of the plot was not delivered and no sale deed was executed. In the above situation complainant has prayed for refund of the said amount including the interest for deceiving but OPs, in fact, by adopting unfair trade practice deceived the complainant no doubt and for that no doubt complainant is entitled to get refund as prayed for. Truth is that OP has got the chance to contest the case but there no step was taken on behalf of the OPs to defy the allegation for which relying upon the unchallenged testimony and documents of the complainant we are convinced to hold that the complainant is entitled to get a decree as prayed for when it is well proved that OPs received Rs.13,30,000/- on the basis of the agreement to sale of the plot of land after development of the said project/area but that has not been done.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs with a cost of Rs.10,000/-.
OPs are hereby directed to refund the entire amount of Rs.13,30,000/- along with interest at the rate10 percentp.a. over the same since the date of payment of said amount and till its realization and also for harassing the complainant and for adopting unfair trade practice and deceiving the complainant in such a manner a compensation of Rs.4 lakh shall be paid by the OPs to the complainant.
OPs are directed to comply the order and to clear the decretal dues within one month from the date of this order failing which for disobeyance and reluctant attitude of the OPs, OPs shall have to pay at the rateRs.500/- per day as penal interest till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
For adopting unfair trade practice and to check such sort of practice and to save customer from such dishonest OPs a penal damage is imposed to the tune of Rs.1 lakh and if it is collected it shall be deposited to this Forum Account and penal interest if collects it shall be deposited to this Forum.
OPs are directed to comply this order failing which after expiry of the said period penal proceeding shall be started against them for which they shall be liable for payment of further interest and fine also.
