DATE OF FILING : 23.07.2015.
DATE OF S/R : 29.10.2015.
DATE OF FINAL ORDER : 08.03.2016.
Sk. Suraj,
son of Sk. Aziz,
residing at 139, Mahendra Bhattacharjee Road,
P.O. Santragachi, P.S. Chaterjee Hat,
District Howrah,
PIN 711104. ………………………………………………………… COMPLAINANT.
- Ramel Industries Limited,
being represented by its Managing Director,
having its registered office at 15, Krishna Nagar Road, Barasat,
Kolkata 700 126.
- Sri Chandan Shome,
Branch Manager,
Ramel Industries Limited, Salkia Branch,
13, Burnt Salt Gola Lane, Salkia ( near YES Bank ), A.C. Market,
Howrah 711 106.……………………………….………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
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sk. Suraj, praying for direction upon the o.p. no. 1, to execute and register the deed of transfer in respect of the plot of land as agreed by them as per their term deposit agreement and also to pay a sum of Rs. 1 lakh as compensation for mental agony and harassment and Rs. 20,000/- as litigation costs.
- The case of the petitioner is that he is a consumer under the C. P. Act, 1986 and the o.p. is a registered firm who provides plot of land, housing unit, commercial unit, and other products to the consumer as service provider. The o.p. no. 2 is branch manager of the o.p.no. 1. As per proposal of o.p. no. 2 the petitioner invested a sum of Rs. 18,000/- each by three installments dated 29.01.2013, 27.02.2013 and 25.03.2015 for purchasing plot of land from the o.ps. It was agreed between the parties that after payment of total amount of Rs. 72,000/- by 12 equal monthly installments by the complainant to the o.p., the o.p. shall provide the land to the petitioner and deliver possession. The petitioner having paid three installments and was to pay another sum of Rs. 24,000/- and he paid the same through the agent of the o.p. no. 1, Manjula Ghosh, having agent I/D no. SLK 493391 but in spite of several requests neither the o.ps. nor their agent issued money receipt. The petitioner visited the branch office of the o.p. no. 1 at Salkia on 04.8.2013 and found the same under lock and key. On 29.6.2015 the petitioner went to the registered office of the o.ps. at 15, Krshna Nagar Road, Barasat, Kolkata, on 29.6.2015 and requested the office bearer to transfer the plot as per terms of agreement or to refund the amount paid by him. The o.ps. having failed to act as per terms of agreement, the petitioner filed this case with prayers.
- The o.ps. though served with legal notice yet did not appear and so the case was heard ex parte against them.
- The only point to be decided here whether the petitioner is entitled to the relief as prayed for ?
DECISION WITH REASONS :
- In support of her case, the petitioner filed affidavit as well as money receipts in support of his payment of money amounting to Rs. 72,000/- on different dates. The documents filed by the petitioner do not bear the signature of the authorized signatory of the o.p., Ramel Industries Ltd., including the two money receipts also. There is mention in money receipt a sum of Rs. 6,000/- each but the same money receipts also do not bear any sign and signature even though there is mention that Rs. 72,000/- being received from the petitioner and the o.p. has undertaken to pay installment of Rs. 6,000/- for 12 months. The petitioner submitted that there was an agreement between him and the o.ps. but there is no such agreement mentioning the terms and conditions of payment of money or giving the land to the petitioner who claims that he is entitled to plot of land. There is no measurement of such land which would be transferred in his favour. Thus the schedule of land being vague, no order is passed in favour of the petitioner, who miserably failed to prove that he paid the consideration for a plot of land and he is entitled to get the same and also for purchase of a land simplicited,the petitioner can never be a consumer under the C.P. Act, 1986.
In view of above discussion and findings this Forum finds that the petitioner has miserably failed to prove his case.
In the result, the application fails.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 263 of 2015 ( HDF 263 of 2015 ) be and the same is dismissed ex parte without cost against the o.ps.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
