Ld. Advocate(s)
For Complainant: Amitava Chowdhury
For OP/OPs : None
Date of filing of the case :28.11.2022
Date of Disposal of the case : 03.07.2023
Final Order / Judgment dtd.03.07.2023
Complainant above named filed the present case u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite party praying for direction to the OP to pay Rs.10,50,000/-, direction for completion of construction work and
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registration work, compensation amounting to Rs.8,00,000/- interest at the rate of 18% per annum from 09.06.2014, litigation cost amounting to Rs.50,000/- and other reliefs.
He alleged that OP is a developer having its principal place of business at 3/63 Kataganj, P.S. Kalyani, District Nadia. OP has engaged himself in permitting and developing the land for the purpose of providing residential flats and commercial place. Complainant is lessee in respect of plot no.248 in sub no.12, Block-B under P.S. Kalyani, District Nadia. Complainant has purchased the lease hold right title and interest over the above mentioned plot from one Pran Krishna Sengupta by Registered Deed of indenture being no.1998 for the year 1986 taking prior permission from the Estate Manager, Kalyani, Nadia. Complainant was intending to develop his above mentioned lease hold property for his family accommodation but he does not have the financial capacity to develop the said property. Therefore, complainant was searching for a suitable developer who can develop the said property. Getting the said information of complainant of expressed his eagerness to develop the property. The complainant after considering the approach and offers given by the OP agreed to hand over the property for development to the OP. Thereafter, complainant and the OP entered into a written agreement for development on 09.06.2014 in presence of the witnessed. As per the said agreement OP agreed to pay Rs.25,00,000/- to the complainant and also agreed to complete the construction of the new building with all amenities within 18 months or earlier from the date of receipt of the sanction planned in the name of Co-operative Housing Society. OP paid Rs.1,00,000/- to the complainant at the time of entering into the development agreement dated 09.06.2014 and also paid Rs.12,50,000/- on 05.04.2017 and also paid Rs.1,00,000/- on 13.01.2022. In total OP paid Rs.14,50,000/- to the complainant. Rs.10,50,000/- is still now due. Complainant on several times requested the OP to clear the aforesaid due amount and to complete the construction work, registration and other necessary documentation work. But OP did not take any positive steps to complete the above mentioned work. Hence, this case.
On perusal of record, we find that case is running ex-parte against the OP vide order no.7 dated 13.02.2023.
Trial
During trial complainant filed affidavit in chief.
Documents
Complainant produced the following documents viz :
- Notarised copy of agreement dated 10.06.2014..........(One set).......(Notarised)
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- Certified copy of deed dated 22.08.1986..........(One sheet).........(Certified copy)
- Original pass book in the name of Dipak Kumar Ghosh, Axis Bank account no.916010017843600.........(One sheet)
- Postal Receipt dated 03.08.2022.......(One sheet).........(Original)
- Notice of Amitava Chowdhury Ld. Advocate, Kalyani.......(Three pages).........(Original)
- Track Report..........(One sheet).........(Net copy)\
- Original Tax receipt dated 24.06.1993.......(One sheet)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have carefully considered the same.
On perusal of certified copy of deed dated 22.08.1986, we find that one Pran Kumar Sengupta in respect of plot no.248 Sub Block no.12 of Block No.-B in the town of Kalyani got the property from Government of West Bengal in the Sub-division of Kalyani in the District of Nadia.
We find that Advocate having licence no.56/76 prepared the draft supplied by the E.M.
On perusal of the said deed, we find that said Pran Kumar Sengupta got the permission to transfer the aforesaid property in favour of the complainant. As per the said deed complainant became the transferee of the aforesaid property.
On perusal of agreement dated 10.06.2014, we find that complainant and OP entered into the said agreement. As per said agreement OP shall pay Rs.25,00,000/- in favour of the complainant.
Complainant stated in his affidavit in chief that OP has paid Rs.14,50,000/- in his favour out of Rs.25,00,000/-. The aforesaid affidavit in chief is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
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Accordingly, we find that complainant is entitled to Rs.10,50,000/- from the OP and till date OP did not pay the same in favour of the complainant.
In view of the aforesaid discussion, it is clear before us that complainant is entitled to Rs.10,50,000/- from the OP.
On careful perusal of documents on record, we find that complainant is a consumer and OP is a service provider.
Accordingly, we find that complainant has established his grievance against the OP and he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.5,000/-(Rupees five thousand) to be paid by OP in favour of the complainant.
OP is directed to pay Rs.10,50,000/-(Rupees Ten lakh fifty thousand) in favour of the complainant along with interest at the rate of 9% per annum from 10.06.2014 to till the date of actual payment preferably within one month from this day failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay Rs.2,00,000/-(Rupees Two lakh) as compensation in favour of the complainant within one month from this day failing which aforesaid amount shall carry interest at the rate of 9% per annum from this day to till the date of actual payment and complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
