DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. _07   _ OF ___2018

DATE OF FILING : 19.1.2018    DATE OF PASSING JUDGEMENT:  _12.7.2018_

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :             Bithika Choudhury, wife of Mr. Rajesh Choudhury from N/R Matrisakti Aashram, Jagadishpur, Sonarpur, Kolkata – 150.

•  VERSUS  -

O.P/O.Ps                    :  The Director, KPS Enterprise, B-20, Ucchepota, P.S Sonarpur, Kolkata – 150.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

                  Briefly stated , the facts leading to the filing of the instant case by the complainant are that complainant agreed to purchase a land in the dream project “Shyamali” of the O.P ,measuring more or less 3 cattahs @ Rs.1,75,000/- per cattah. Complainant paid Rs.1,37,000/- to the O.P as booking money. Thereafter, she i.e the complainant fell in dire necessity of money required for treatment of an elderly Member of her house and, therefore, she cancelled her proposal to purchase the land. She asked the O.P again and again to return the money received by him. But the O.P did not refund the said money. Hence, this case by the complainant, praying for return of the money paid by her and also for payment of compensation etc.

                 The O.P made appearance in this case ,but has not filed any written statement to contest the case. Therefore, the case is heard exparte against him.

                The petition of complaint is treated as evidence of the complainant vide his petition dated 22.5.2018.

DECISION WITH REASONS

                 It is to be seen now, whether the complainant is entitled to get the refund of the money paid by her to the O.P. That the money is paid by her to the O.P stands established from the money receipt which is marked as Annexure 1 to the complaint. The complainant has stated in her evidence that she   paid a sum of Rs.1,37,000/- to the O.P for purchasing a plot of land in the dream project of trhe O.P . This version of the complainant has remained unchallenged and uncontroverted. Relying upon this uncontroverted evidence of the complainant, ,we may hold safely that the complainant paid Rs.1,37,000/- to the O.P for purchasing a plot of land in the dram project of the O.P .

                  Now to see whether the complainant is entitled to get refund of that amount from the O.P or not.

                It has been stated by the complainant that she is in dire necessity of money required for treatment of elderly person of her family and, therefore, she has been compelled to cancel her programme to purchase the land. The terms and conditions of the agreement concluded between the complainant and the O.P are noted on the revcerse of annexure 1 i.e the money receipt , Clause 5 thereof runs as follows:

                 “If the purchaser/purchasers fails to purchase the alnd dje to reason whciha re personal, then 10% processing charge will be deducted from the amount to be paid as refund”.           

                  Both the parties must abide by the terms and conditions of the agreement and no one can be allowed to travel beyond it. Compoaiannt wants to get refund of the money paid by her purely on personal ground of her and, therefore, she is entitled to get refund of the said money. The O.P is entitled to deduct 10% of the said money in terms of the agreement. But to get the refund of the money, the complainant has requested the O.P again and again to which the O.P has turned a deaf ear of her. The complaiant had sent several mails on 16.6.2017 and 28.2.2018 and thereby her husband i.e Rajesh Choudhury has requested the O.P to refund the amount. The O.p could have returned the said amount after having deducted 10% from it. But, he seems to have taken a nonchalant attitude towards the payment of the said amount to the complainant. This apathetic attitude of the O.P to make payment of the amount to the compolaiant in terms of the agreement is nothing but deficiency in servie. Complainant is entitele to get the refunnmd of the money paid by her after deduction of 10% therefrom.      

                  In the result, the case succeeds.

                  Hence,

ORDERED

That the complaint case be and the same is decreed exparte against the O.P with a cost of Rs.10,000/-.

The O.P is directed to refund Rs.1,37,000/- after having deducted 10% there from , within a month of this order, failing which the aforesaid amount and the cost amount will carry interest @10% p.a till full realization thereof.

     Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                              Member                                            Member     

Dictated and corrected by me

                         President