Order No. 08 Dt. 12.06.2015
This is an application u/s 12 of the Consumer Protection Act, 1986 filed by petitioner Subrata Chakraborty W/o. Swapan Kumar Chakraborty of Vivekananda Pally of Malda Town of Malda district praying for an order for justice to get back claim money of Rs.1,02,675/- from O.P.s which she paid for allotment of a fund but did not receive the same.
The case of the petitioner is that the petitioner paid all 60 installments for an amount of Rs. 840/- each for provisional allotment of land for residential purpose as per offer given by Rose Velley Estates and Constructions Ltd.(RVECL) at their office at Sarba Mangala Pally (South), P.O. English Bazar, P.O. & Dist. – Malda but the company as per their certification and promises did not pay Rs.88120.00 on cancellation of the plot of land under agreement and hence filed this case.
O.Ps 1 to 3 did not appear and did not file W/V of this case and hence this case was heard on ex parte basis.
On the basis of the same following issues are framed:-
- Whether the case is maintainable?
- Whether there is any cause of action to file this case?
- Whether there has been any deficiency in service on the part of the ops?
- Whether the complainant is entitled to get the relieves as prayed for?
:DECISION WITH REASONS:
Issue Nos. 1,2,3 and 4
All the issues are taken up together for the sake of brevity and convenience of discussion.
In support of his claim the petitioner could not appear as P.W. but he authorized his husband Swapan Chakraborty as witness P.W.-1 as Sri Chakraborty know the case in detail and in full. The witness is a Headmaster of Mahananda High School and said his wife is ill and for the same he is deposing on behalf of her.
As per his evidence, it was known that, petitioner took a policy for RVECL with monthly premium of Rs.840/- for 5 years in 60 installments and he submitted 58 premium receipts but the O.P. office did not comply at all promised as per the policy contract.
All the documents which were filed by the petitioner were marked as exhibits.
The petitioner after receiving an information which came in Ananda Bazar Patrika dated 03.11.2014 and also found some type of news in Bartaman Patrika dated 27.11.2014 which were shocking for the petitioner from which the petitioner came to know that RVECL is a fake organization and they collected a huge amount of money from public. They also came to know that Enforcement Directorate (ED )of GOI ceased the account of RVECL and also ceased all movable and non-movable properties of RVECL and the petitioner filed this case when she did not receive her claim as per commitment and agreement with RVECL. Thereafter he rushed to the local office at Malda and not getting any reply/ response she filed this case claiming a compensation of Rs.102675/- as per terms and conditions of the agreement between her and RVECL.
The oral evidence of petitioner corroborated by documents establish the facts of petition and summon upon O.Ps duly served but they did not appear and hence this suit is decreed on ex parte.
There is no controversy on the evidence and the petition is corroborated by the witness P.W.-1 and thus the case is proved in favour of the petitioner.
In the result, the claim case succeeds.
Proper fee paid
Hence, ordered
that Malda D.F.C Case No. 08/2015 is allowed ex parte against the O.Ps 1 to 2 with cost. Complainant do get an award for payment of Rs.102675/- as per contract agreement and O.P.1 to O.P.3 are liable to ensure payment of the aforesaid sum to the complainant within 45 days from the date of this order failing which they will be bound to pay interest @ 9% p.a. from this date until recovery and the petitioner is at liberty to put the decree in execution.
A copy of this order be given to the petitioner free of cost and send to O.P. Nos. 1 2 and 3 by Registered Post with A.D. as the case is heard ex parte against them.
