Date of filing: 23.06.2017 Date of disposal: 20.03.2018
Complainant: Partha Mondal, S/o. Asit Baran Mondal, resident of House No. 2/7, Ranapratap Road, A-Zone, PO: Durgapur-4, Dist: Burdwan (West), PIN – 713 204, presently residing at 26/11, Ashok Avenue, A-Zone, PO: Durgapur- 4, Dist: Burdwan (West), PIN – 713 204.
Opposite Party: 1. The Director, Hahnemann Housing & Development (P) Ltd., Having its office Branch Office at Durgapur, Sanjib Sarani, Aesby More, Durgapur, District: Burdwan, PIN – 713 213.
2. Hahnemann Housing & Development (P) Ltd., represented by its Director, Having its Office at Durgapur, Sanjib Sarani, Aesby More, Durgapur, District: Burdwan, PIN – 713 213.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant(s): Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1&2: None (ex parte)
J U D G E M E N T
The complainant has filed the present complaint against the Ops with a direction that Ops should refund an amount of Rs. 2, 25,000=00 & Rs. 60,000=00 along with interest as per Agreement to sale from 22.8.2015 to till date of realization, a direction that Ops should pay a sum of Rs. 1, 00,000=00 towards mental pain, agony and harassment and also further directing the Ops to pay a sum of Rs. 20,000=00 towards litigation cost.
The case of the complainant in short is that the complainant came to know about the Ops’ project, namely, ‘Santiban-VI’ where the Ops were selling plots of lands in reasonable price along with basic structure. The complainant also came to know that the Ops wanted to sell plots of land and stalls at their said project area at Rs. 2,25,000=00 and for purchasing the plot, payment of Rs. 45,000=00 for plot and land and Rs,. 60,000=00 for stall to the Ops is required. Being interested to buy the plot, the complainant paid the Ops Rs. 45,000=00 on 27.11.2011 and the Ops issued a certificate of booking on 27.12.2011 which was valid up to 27.01.2015. After that the complainant also paid Rs. 60,000=00 which was valid up to 17.4.2015. After several requests the Ops made the agreement for sale on 23.8.2012 along with issued a book of EMI for 36 installments. In the meantime, the complainant paid the EMIs but despite of that the Ops failed to fulfill their parts and liabilities. So the complainant intended to withdraw the booking and for that he submitted all the original documents on 20.4.2015. The Ops then assured him to refund the money and issued a receipt on the same day. But the complainant has not received it till date even after several requests and knockings to the Ops.
The Ops in this case neither appear nor submitted their written version and hence they are being considered as ex parte.
In the light of the contention of both parties and considering the documents along with evidence, the following points necessarily came up for consideration to reach a just decision.
Points for consideration:-
- Is the complainant a consumer as per Section 2 (1) (d) (ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Ops any deficiency in service or trade matter?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
Decision with reasons:-
Point No. 1:-
From the discussion in terms of the provision of Section 2 (1) (d) (ii) of the C.P. Act, the complainant is a customer of the Hahnemann Housing & Development (P) Ltd. in respect of the agreement of purchasing a plot, so the complainant can be called a ‘consumer’ of the Ops.
Point No. 2:-
The office and place of business of the Ops is within the district Burdwan, i.e., within the territorial jurisdiction of this Forum and the value of the case is within the limit of Rs. 20, 00,000=00. So, this Forum has territorial, as well as, pecuniary jurisdiction to entertain and try the instant case.
Point No. 3 & 4:-
Undisputedly, the complainant had an agreement with the Ops regarding the purchase of a land. It is also not in dispute that the complainant had paid in advance for booking of the plot and also as EMIs. But the Ops did not handover neither the plot nor necessary documents in time. Even when the complainant intended to get refund and submitted all original documents then, too, the Ops did not nod or make arrangements to refund the money.
Hence, the complainant succeeds in proving his case. Accordingly, it is
O r d e r e d
that the present Consumer Complaint being No. 105/2017 be and the same is allowed ex parte against the Ops with cost. The Ops are directed -
- to pay a sum of Rs. 2,25,000=00 & Rs. 60,000=00 along with interest @9% per annum as per agreement to sale from 22.8.2015 till date of its realization,
- to pay a sum of Rs. 30,000=-00 as compensation towards mental pain, agony and harassment,
- to pay a sum of Rs. 5,000=00 towards litigation cost.
The above-mentioned award should be complied with by the Ops within 45 days from the date of passing of this order, in default; the complainant is at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
