DATE OF FILING : 22.06.2015.
DATE OF S/R : 28.07.2015.
DATE OF FINAL ORDER : 17.11.2015.
Dharmendra,
son of late Baldish,
residing at 82/11, Netaji Subhas Road, P.S. Bantra,
District Howrah, ……………………………………………………… COMPLAINANT.
1. Sabir Hossain alias Sahaboo,
son of late Ali Hossain,
residing at 19/2, Aftabuddin Munshi Lane,
P.S. and District Howrah,
PIN 711 101.
2. Afsar Hossain,
son of late Raja Hossain,
residing at 95, Gangaram Baisragi Lane,
P.S. & District Howrah,
PIN 711 101.
3. Shahid Akar Khan,
son of late Md. Habib Khan,
residing at 116/1, Nur Md. Munshi Lane,
P.S. and District Howrah,
PIN 711 101. …………………………………….…………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, Dharmendra, praying for a direction upon the o.ps. to return the advance of Rs. 1,50,000/- along with interest and to pay compensation of Rs. 1 lakh for mental agony and physical harassment.
- The case of the petitioner is that he wanted to purchase a flat of about 600 sq. ft. in the 2nd floor at 11/1/1, Hem Chakraborty Lane, P.S. Bantra, and approached the o.ps. An agreement was executed between the petitioner and o.ps. and the petitioner advanced a sum of Rs. 1,50,000/- on two dates i.e., 22.01.2012 & 28.3.2013 being Rs. 1 lakh and Rs. 50,000/- respectively. The o.ps. are developer of the property and agreed to deliver possession to him within 12 months but the o.ps. did not complete construction and they assured that within a few months they would complete the same. But the o.ps. delayed and delayed and then the petitioner sent a letter of demand on 23.04.2015. In the mean time the o.p. no. 3, Shahid Akar Khan assured to pay him Rs. 30,000/- out of his 1/3 share. All his efforts went in vain and then he filed this case.
- The o.ps. though served with notices, only o.p. no. 1 appeared but he also did not file the written version. So the case is heard ex parte against them.
- The only point is decided herein whether the petitioner is entitled to get the relief as prayed for ?
DECISION WITH REASONS :
- In support of his case the petitioner, Dharmendra, filed before theForum affidavit as well as the copy of the agreement signed by the petitioner as well as the o.ps. and the same proved the fact that as per terms of agreement the o.ps. were supposed to handover him possession of the flat within one year from the date of agreement dated 22.01.2012. It is also clear from the copy of the agreement that the o.ps. received Rs. 1,50,000/- from the petitioner out of the total consideration of Rs. 10,20,000/- and the due amount was Rs. 8,70,000/-.The o.ps.did not complete the flat and thus compelling the petitioner to file this case.
- In the written argument ld. counsel for the petitioner submitted before the Forum that the o.p. nos. 2 & 3 paid their 2/3rd share of advocate to the petitioner and the o.p. no. 1 neither paid the 1/3rd share of advance but threatened the petitioner that he would not pay the amount and he would not comply the order of the Forum.
- On scrutiny of the above case of the petitioner along with the documents this Forum finds that the petitioner is entitled to refundRs. 1,50,000/- with interest and the petitioner counsel conceding before theForum in the written notes of argument that they have no claim against o.p. nos. 2 & 3 and thus the case against them be dismissed and the petitioner would be entitled to Rs. 60,000/- from o.p. no. 1 including principal and interest as well as compensation of Rs. 1 lakh. All the oral and the documentary evidencesproved the case of the petitioner ex parte as all the above evidenceswent unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte.
In the result, the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 227 of 2015 ( HDF 227 of 2015 ) be and the same is allowed ex parte against the o.p. no. 1 with costs of Rs. 5,000/- and dismissed against the rest.
The petitioner is entitled to a sum of Rs.60,000/- from the o.p. no. 1 who is directed to pay Rs. 60,000/- as paid by the petitioner and to pay compensation of Rs. 10,000/- within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution.
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.
