Judgment : Dt.3.4.2017

            This petition of complaint is filed by Joydip Das alleging unfair trade practice against (1) Sri Shyamal Pal, (2) Kalpana Pal, (3) Smt. Bubai Pal, (4) Namita Pal, (5) Mou Dasgupta, (6) Mou Dey Sarkar, (7) Julie Majumder, (8) Sri Shyamal Pal, (9) Sri Sajal Pal, (10) Smt. Situ Pal, (11) Sri Goutam Pal, (12) Smt. Anju Das and (13) Smt. Manju Halder.

            Case of the Complainant in a nutshell is that the Complainant entered into an agreement for sale on 17.4.2013 with the OPs in respect of an accommodation as to a 70 sq.ft. space more or less on the Southern side and left side of main entrance gate at the  ground floor of a building to be developed within the premises having No.3 SPC Block, Chittaranjan Colony, Kolkata-700 092 under P.S.-Jadavpur, Dist.-South 24-Parganas, at a consideration of Rs.1,00,000/-. It is stated in the petition of complaint that the OPs are land owners of the above mentioned premises who entered into a development agreement dt.10.10.2006 with M/s City Construction a partnership firm for development of the said piece of land by constructing a multi storied building. It is stated that as per terms of the said development agreement the ground floor was within the owner’s allocation and, therefore, the owner have entered the said agreement for sale dt. 17.4.2013 in respect of the property in question. The Complainant has stated that he had paid the entire amount of consideration to the OPs but in spite of such payment the OPs neither delivered possession of the said space nor did register and execute the deed of conveyance in favour of him. Accordingly, the Complainant has prayed for direction upon the OPs to execute and register the deed of conveyance, to hand over the possession of the flat, to hand over a copy of sanction building plan, to hand over the completion certificate and to pay compensation to the tune of Rs.80,000/- and Rs.20,000/- towards litigation cost and interest @ 2% per month and such other orders.

            Notices were served upon the OPs as it appears from the tracking consignment of the Postal Dept and the OP No.1 turned up but other OPs have remained un-represented. The OP No.1 also did not file any written version and therefore vide Order No.7 dt.27.2.2017, the case was proceeded ex-parte against the OPs.

Decision with reasons

            The Complainants adduced affidavit on evidence. In course of argument Ld. Advocate for the Complainant has narrated the facts which was written in the petition of complaint.

            Heard the Ld. Advocate and perused the documents on record, it appears that the Complainants claimed to have entered into an agreement for sale with the OPs who were landowners in respect of the property in question. It also appears from the agreement for sale dt. 17.4.2013 that only the OP No.1 has put his signature in the capacity of vendor. Although the Complainant himself averred that the space was within the portion of owner’s allocation which means the owners are collectively co-sharers of the property in question. But, fact remains that only the OP No.1 executed the agreement for sale.

            Evidently, the Complainant made payment of Rs.1,00,000/- to the OP No.1 since the same has been acknowledged in the agreement for sale dt.17.4.2013, but the said space has not been delivered to him nor his deposited amount was refunded to him.

            The intention of the legislation is clear for enactment of the C.P.Act that “An act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith.

            Further, applying the principle of equity we are of opinion that the Complainant should get back the amount he paid towards consideration to the OP No.1. In the result the petition of complaint succeeds.

            Hence,

ordered

            That the CC/542/2016 is allowed in part ex-parte against the OPs but without any order as to cost.

            OP No.1 is directed to refund the said amount of Rs.1,00,000/- to the Complainant within 15 days from the date of communication of this order, in default the said amount shall carry interest @ 12% p.a. for the default period.