West Bengal

South 24 Parganas

CC/118/2016

Sri Amal Kumar Dutta, S/O Late Joy Gopal Dutta. - Complainant(s)

Versus

Sri Ashoke Bose, of M/S. Desire Agro Resorts Development Pvt. Ltd. - Opp.Party(s)

07 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _118_ OF ___2016_

 

DATE OF FILING : 25.10.2016                     DATE OF PASSING JUDGEMENT:  07.03.2017

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker

                                                                             

COMPLAINANT              :   Sri Amal Kumar Dutta,s/o late Joy Gopal Dutta of C/o Kalpana Sen (adjacent plot of Mr. J. Chakraborty, 221, N.S.C Bose Road, Kora Babupara (Uttar), P.O Kora Chandigarh, P.S Madhyamgram, Dist. North 24-Parganas, Kolkata – 130 and at Vill. + P.O Itinda, Basirhat, Dist. North 24-Parganas, pin-743292

 

-VERSUS  -

 

O.P/O.Ps                            :  Sri Ashoke Bose of M/s Desire Agro Resorts Development Private Limited of P-525, Raja Basanta Roy Road, Kolkata – 29  and residing at 23, West Road, Jadavpur, Kolkata –75, previously office at P-85, Lake Road, Calcutta-29.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

The short case of the complainant is that O.P being a developer entered into an agreement on 8.2.2008 with the complainant to sell plot of land at “Bidyut Nagar” measuring 1440 sq.in Mouja  Joykrishnapur Chiary . Complainant handed over full consideration money to the O.P. The O.P is bound to execute the deed of conveyance after development. It has claimed that inspite of full payment complainant approached the O.P on numerous occasions to deliver possession after development and to execute and register the proper deed of conveyance but the O.P deed of conveyance was not executed  and possession of the land was also not handed over till date. Accordingly legal notice was served on 4.10.2016 but O.P refused to take any initiative and adopted dilatory tactics. Hence, this case praying for a direction upon the O.P to return Rs.1,18,000/-  with interest @18% p.a , compensation and cost.

Inspite of service of notice the O.P did not appear and contest the case, for which case is running in exparte against him.

Points for decision in this case is whether there is any deficiency in service or unfair trade practice adopted by the O.P or not.

                                                                        Decision with reasons

Considering the totality of the circumstances we find that complainant already paid the consideration money in terms of the  agreement , but the plot was not handed over.

From the money receipts we find that complainant paid full amount including registration charges but the O.P failed and neglected to hand over the plot. Thus we find hat complainant has been able to prove his case and after receipt of money as well as development cost since the O.P has failed and neglected to hand over the developed plots and arrange for registration, of course at the cost of the complainant, O.P acted deficiency in service.

            Accordingly, it is

                                                                        Ordered

The complaint case is allowed in exparte against the O.P.

The O.P is directed to refund Rs.1,18,000/- along with interest @9% p.a from the date of filing this case till the date of realization to the complainant within 30 days from the date of this order. 

The O.P is directed to pay compensation to the tune of Rs.5000/- and cost of Rs.5000/- to the complainant within the stipulated period, failing which, complainant is at liberty to execute the order through this Forum. 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                           President

 

 

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

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

 

Ordered

The complaint case is allowed in exparte against the O.P.

The O.P is directed to refund Rs.1,18,000/- along with interest @9% p.a from the date of filing this case till the date of realization to the complainant within 30 days from the date of this order. 

The O.P is directed to pay compensation to the tune of Rs.5000/- and cost of Rs.5000/- to the complainant within the stipulated period, failing which, complainant is at liberty to execute the order through this Forum. 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                           President