Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   25    Dated  28/01/2013.

            In a nutshell, the case of the complainant is that one Mrs. Papia Basu Sen gav assurance to the complainant that she has information  about a suitable plot of land located near Sonarpur where a new project is under construction  and further asserted that she personally knows the promoter of the project and bank manager of State Bank of India, P.B. Sarani Branch Mr. Jayanta Bhattacharya who will arrange for funds for such purchase of the complainant.

            Thereafter on 26.5.04 Mrs. Papia Basu Sen made him meet the then manager of SBI, P.B. Sarani Branch Mr. Jayanta Bhattacharya who told the complainant that he knows the promoter of the plot under construction situated near Sonarpur as referred to by Mrs. Papia Basu Sen and further gave him an assurance that he knows that the plot is in a good locality and if the complainant invests in a flat in the said project under construction on the said plot his money would not go in waste and further assured him that he will open the bank accounts with the SBI, P.B. Sarani Branch necessary in the name of the complainant for that purpose.

            Further on 28.5.04 and 30.5.04 the said Mrs. Papia Basu Sen and Mr. Jayanta Bhattacharya met the complainant and assured him further by saying that they will make all arrangements for purchase of flat and money needed for that  purpose and the complainant need not worry about the said dealing and should blindly believe them in good faith.

            After such day to day vehement assurances by the said the then manager of SBI Jayanta Bhattacharya the complainant expressed his willingness to visit the said plot of land and to meet the owner of the said plot of land near Sonarpur in person so that he can start the steps for purchase of the said plot of land. As such the complainant got introduced to on Mr. Sujit Sardar through Mrs. Papia Basu Sen and Mr. Jayanta Bhattacharya herein on 17.6.04.

            Thereafter, Mr. Sujit Sardar introduced himself as the promoter of the project taking place in Sonarpur wherein the said Mrs. Papia Basu Sen and Mr. Jayanta Bhattacharya proposed the complainant can purchase a flat the funds for which will be arranged by Mr. Jayanta Bhattacharya being the manager of SBI, P.B. Sarani.

            Complainant states that the above persons showed documents and pictures of the proposed construction of the project taking place near Sonarpur being north east corner land being Touzi no.109, J.L. no.47, Mouza-Barhas Fartabad, Khatian no.1193 and 1829, Ward no.26 under Rajpur Sonarpur Municipality and made the complainant believe in good faith that the project is legal , having an equitable title, bonafide and free from all encumbrances and that the complainant’s right and investment be secured.

            After that the above persons started visiting the premises of the complainant almost regularly and assured that they will handle the whole dealing of purchase of the flat in the plot of land near Sonarpur under construction and repayment of loan but declined from disclosing the contact details of the landowner or handing over the title deeds and connected for papers of the plot. But each and every time when the complainant asked about the papers the above person put up various excuses and evaded the same on one pretext or the other. Mr. Sujit Sardar even never showed a document to the complainant based upon which he was posing himself to be the general power of attorney holder of the owner of the property.

            Thereafter, on and from 1./7.04 till the mid of Sept.2004 being frustrated by the lack luster and lazy behavior of the above persons the complainant kept on asking them harshly about the contact details of the owner of the said plot of land and even had started thinking of dropping the whole idea of purchase when the above persons refused to supply him with the contact details of the said person.

            Complainant states as such Sujit Sardar along with Mr. Jayanta Bhattacharya made him execute an agreement on 28.9.04 in respect of flat no.4 measuring about 620 sq.ft. located in 2^nd floor of the plot shown to the complainant to give a concrete shape to their malafide intention and Mr. Jayanta Bhattacharya even told the complainant that the said agreement is prepared by the lawyer in the panel of  SBI, P.B. Sarani Branch. Regarding the same the complainant paid an amount of Rs.1,60,000/- to Sujit Sardar and Mr. Jayanta Bhattacharya convinced the complainant to come to a settlement that the rest of the consideration money out of total of Rs.6,20,000/- for the flat i.e. Rs.4,60,000/- be paid by SBI, P.B. Sarani Branch in the name of the complainant and the said loan be repaid by the complainant to the bank by way of monthly deposit of a fixed sum of Rs.4808/- from the complainant’s savings bank account to be opened in SBI, P.B. Sarani Branch to his loan account to be opened in the same branch.

            Thereafter, the said Sujit Sardar executed a deed of sale with the complainant in respect of the said flat no.4 on the 2^nd floor measuring about 620 sq.ft. located in the said plot being assured by Mr. Jayanta Bhattacharya that the same is prepared by the lawyer in the panel of SBI, P.B.  Sarani Branch and deposited the same with th SBI, P.B. Sarani Branch which  according to the then manager Mr. Jayanta Bhattacharya be made available to the complainant only after loan is fully repaid.

            Thereafter, the said Mr. Jayanta Bhattacharya took the complainant to the SBI, P.B. Sarani Branch and in Nov.2004 a savings account being no.01190008430 and loan account being no.10451630739 was opened in his name for securing loan arrangement for purchase of the flat in the project of Sujit Sardar in Sonarpur and made the complainant to sign on certain documents. The complainant further states that he had asked the said manager Jayanta Bhattacharya on various occasions to handover a copy of the said deed of sale and documents signed by him in bank to him but they had always eluded him by saying that he is his well wisher and as such he would not abscond with his property or papers or do acts detrimental to his interest.

            Complainant was made to execute an agreement for sale on 28.9.04 in the name of the complainant upon payment of a consideration of Rs.1,60,000/- thereon followed by the deed of sale and opening of the bank accounts in a huddle. Although the said deed of sale was executed by Sujit Sardar with the complainant physical possession of the said flat was never handed over to the complainant. the complainant had to run from pillar to post but could not trace out Mrs. Papia Basu Sen or Mr. Sujit Sardar literally after execution of the deed of sale. The complainant approached the then manager Mr. Jayanta Bhattacharya but he could neither give a satisfactory reply nor supplied him with any paper so that the complainant could institute a case against the said Sujit Sardar and Mrs. Papia Basu Sen.

            Complainant had gathered information from the bank officials that the said balance consideration  amount of Rs.4,60,000/- due and payable to Mr. Sujit Sardar by the complainant was paid off to Sujit Sardar by SBI, P.B. Sarani Branch in full.

            Complainant states that at various points of time the complainant visited the site of the flat but could not trace the said Sujit Sardar or get possession of the said flat for which he executed the deed of sale which caused wrongful loss to the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            All the o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular. Th specific case of the complainant as we find from the record is that complainant being persuaded by one Mrs. Papia Basu and with the assurance of the o.ps. booked a flat at a sum of Rs.6,20,000/- and out of which  Rs.4,60,000/- was scheduled to be paid by SBI, P.B. Sarani Branch to the vendor on behalf of the complainant by opening a loan account in  SBI, P.B. Sarani Branch in the name of the complainant payable by fixed sum of Rs.4808/- from the complainant’s savings account opened in the said branch to his loan account no.10451630739 from the savings account of the complainant bearing no.01190008430 of he said branch for the purpose of securing loan arrangement for purchase of the said flat in the project on Sujit Halder the promoter and an agreement of sale was executed, but ultimately complainant visited the site but could not trace out the promoter nor got the possession. From the record it transpires that all o.ps. are bank officials of SBI and promoter has not been impleaded as a party in this case and complainant has not got possession of the flat in question. It is known to all that bank officials i.e. o.ps. cannot give possession to the flat and it is promoter who is supposed to give possession  of the flat in question. Surprisingly enough complainant has not impleaded the promoter as o.p. in this case. That apart, o.ps. have filed a title suit being no.1790 of 2007 for declaration of charges and mortgage and recovery of money together with interest, cost and decree of Rs.5,64,840.14 before Ld. Civil Judge, Senior Division, Alipore. Now we find that bank hs already filed a civil suit over the matter in issue on the self same cause of action. In view of the findings above and considering the entire materials on record we are of the views that the complainant is not entitled to relief

            Hence, ordered,

            That the instant case stands dismissed on contest without cost.

            Supply certified copy of this order to the parties free of cost.