DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

      C.C. CASE NO. _45_ OF ___2016_

DATE OF FILING : 13.5.2016                     DATE OF PASSING JUDGEMENT:12/06/2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker  &  Jhunu Prasad

COMPLAINANT             :   Sandip Baidya, s/o Kiriti Bhusan Baidya, Vill & P.O Kashinagar,  P.S. Raidighi, Dist. South 24-Parganas.

-VERSUS  -

O.P/O.Ps                            :  Subrata Sarkar, Director of Vib gyor Housing Limited, 46D, Rafi Ahmed Kidwai Road, P.S. Park Street, Kolkata – 16 ,residing at Napitpara, Purulia, Pin-723103.

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                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member

This is an application under section 12 of the C.P Act, 1986 filed by the complainant that he entered into an agreement with the O.P as per letter of intent dated 8.11.2012 for purchase of one flat containing two bed rooms with dining space, one toilet, one kitchen and balcony having total super built up area measuring 663 sq.ft on the second floor of the proposed building constructed on the land being J.L. no.31,Mouza-Baruipur, Touzi no.250 within P.S Baruipur.

The complainant paid Rs.1 lakh and Rs.74,420/- totaling to Rs.1,74,420/- as an advance/earnest money by two cheque vide cheque no.999702/999703 both drawn on SBI, Baruipur Branch. On 16.11.2012 and by cash an amount of Rs.51,000/- on 8.11.2012 aggregating to Rs.2,25,420/- to the O.P out of total consideration amount of Rs.11,61,927/-  and the said money was duly received by the O.P by putting a signature as Director of Vibgyor Housing Ltd.

 But from time to time the period as mentioned in the agreement was extended but during the period of 3 ½  years, in terms of agreement no work has been done ,even initial construction work has not started till date. The complainant made several requests to the O.P but all are in vein. The complainant further made a representation on 12.6.2015 to the O.P requesting to return the entire amount of Rs. 2,25,420/- with interest thereon within a period of 15 days from the date of receipt of the letter but the O.P inspite of receipt of the same paid no heed to it. The complainant to be sure as to whether any steps have been taken by constructing the said building, the complainant on 17.3.2016 wrote to the Public Information Officer/the Pradhan of Madarhat G.P Office, Baruipure through his father and the Public Information Officer, Madarhat G.P Baruipur informed on 12.4.2016 that no plan has yet been sanctioned in the name of Vibgyor Housing Ltd. on plot no.11678, Khatian no.616 at Baruipur Mouza.

The O.P has not appeared and did not contest the case.

Complainant filed evidence and BNA..

Point for decision is whether there is any deficiency in service on the part of the O.P.

                                                   Decision with reasons

The complainant for his residential purpose booked a flat measuring 663 sq.ft on the second floor of the proposed building to be constructed by O.P and paid an advance amount of Rs.2,25,420/- out of total consideration amount of Rs.11,61,927/- . From time to time the period as mentioned in the agreement was extended by O.P but during the period of 3 ½ years, in terms of the agreement no work has been done, even initial construction work has not started. The complainant requested the O.P to return the entire amount of Rs.2,25,420/- with interest thereon but no fruitful result has been cropped up. Moreover, Public Information Officer of Madarhat G.P, Baruipur has informed that no plan has het been sanctioned in the name of the O.P company for which it is

                                                        Ordered

That the complaint case is allowed in ex-parte against O.P.

The O.P is directed to refund the sum of Rs.,2,25,420/- along with interest of 10% per annum from the date of payment on 16.11.2012 to the complainant along with compensation of Rs.30,000/- for causing mental agony, pain, harassment for a long period .

The O.P shall also pay litigation cost of Rs.5,000/- to the complainant.

All the amounts shall have to pay to the complainant within 30 days from this date.

It may be mentioned here that if the O.P failed to comply the above order then the 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                                               Member                                                           President

Dictated and corrected by me

                        Member

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

                                                   Ordered

That the complaint case is allowed in ex-parte against O.P.

The O.P is directed to refund the sum of Rs.,2,25,420/- along with interest of 10% per annum from the date of payment on 16.11.2012 to the complainant along with compensation of Rs.30,000/- for causing mental agony, pain, harassment for a long period .

The O.P shall also pay litigation cost of Rs.5,000/- to the complainant.

All the amounts shall have to pay to the complainant within 30 days from this date.

It may be mentioned here that if the O.P failed to comply the above order then the 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                                               Member                                                           President