West Bengal

South 24 Parganas

CC/592/2014

Bijoy Kumar Agarwal, S/O Sri Suresh Kumar Agarwal. - Complainant(s)

Versus

Ranjan Sadhukhan Proprietor of Global Construction. - Opp.Party(s)

28 Apr 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _592_ OF ___2014___

 

DATE OF FILING : 8.12.2014     DATE OF PASSING JUDGEMENT: 28.4.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :   Bijoy Kumar Agarwal, s/o Sri Suresh Kumar Agarwal of

                                                11/B, K.K. Sen Road, P.S. Kasba, Kolkata – 42.

 

-VERSUS  -

 

O.P/O.Ps                            :   Ranjan Sadhukhan, Prop. Of Global Construction 45, Kolu Para Lane,

P.S. Kasba, Kolkata – 31.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                     

            It is the short case of the complainant that one agreement was made with the O.P and thereby complainant paid Rs.3 lacs to the O.P in cash  for confirmation of purchasing a shop and O.P took money and gave money receipt  being no.123 dated  1.8.2008 and thereafter on 30.9.2008 one agreement was made with the complainant to sell that shop measuring 320 sq.ft super built up area at 54, B.B Chatterjee Road, Kolkata – 42 . It has further stated that at the time of agreement complainant also gave one cheque amounting to Rs.3 lacs drawn on West Bengal State Cooperative Bank Ltd. being cheque no.410965 dated 27.10.2008 . Complainant has claimed that O.P has already taken 90% money within one year from the date of agreement but six years had already elapsed but O.P neither given possession of the said shop ,though the shop is already completed in all respect. The complainant is ready and willing to pay the remaining amount of Rs.1 lacs which will be payable at the time of registration. Inspite of sending legal notice on 21.11.2014 the O.P did not paid any heed to it. Hence, this case for possession of shop room measuring 320 sq.ft and execution and registration of the same along with cost and compensation.

            O.P is not contesting the case inspite of receiving of summon ,which is appearing from the track report. Accordingly the case is proceeded against the O.P in exparte.

            Points for decision in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                                        Decision with reasons

            From the record we find that complainant has been able to prove the payment of consideration money except Rs.1 lacs and also able to prove that legal notice which was received by the O.P himself, which is appearing in the A/D card. Thereafter complainant filed this case before this Forum and summon was served. From the track report we find that inspite of delivery of summon O.P did not pay any heed to it. This is  a further glaring example of deficiency of service and unfair trade practice on the part of the O.Ps. From the agreement for sale and money receipt we find that the O.P failed to deliver possession of the shop room which is already completed in all respect that is the deficiency of service.

            Hence,

                                                                        Ordered

That the application filed under section 12 of the C.P Act is allowed exparte against the O.ps with cost of Rs.10,000/-.

The O.P is directed to deliver possession of the shop room measuring 320 sq.ft super built up area    54, B.B Chatterjee Road, Kolkata – 42  within 30 days from the date of this order and thereafter within 15 days to execute and register the deed of conveyance in favour of the complainant ,failing which ,the complainant is at liberty to approach the Forum for deed of conveyance through the machinery of the Forum and at that juncture necessary order will be passed to the local Police Station to ensure the possession of the shop room in terms of the deed of conveyance.

The O.P is directed to pay compensation of Rs.25000/- to the complainant within 45 days from the date of this order.  

Let a plain copy of this order  be sent to the O.P through this Forum and one copy be handed over to the complainant free of cost.

 

                                                Member                                               President

 

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Ordered

That the application filed under section 12 of the C.P Act is allowed exparte against the O.ps with cost of Rs.10,000/-.

The O.P is directed to deliver possession of the shop room measuring 320 sq.ft super built up area    54, B.B Chatterjee Road, Kolkata – 42  within 30 days from the date of this order and thereafter within 15 days to execute and register the deed of conveyance in favour of the complainant ,failing which ,the complainant is at liberty to approach the Forum for deed of conveyance through the machinery of the Forum and at that juncture necessary order will be passed to the local Police Station to ensure the possession of the shop room in terms of the deed of conveyance.

The O.P is directed to pay compensation of Rs.25000/- to the complainant within 45 days from the date of this order. 

Let a plain copy of this order  be sent to the O.P through this Forum and one copy be handed over to the complainant free of cost.

 

                                                Member                                               President