Date of filing:02.03.2017                                                                           Date of disposal:04.12.2017

Complainant: Uttam Kr. Mandal, 12/14, Ashoke Avenue, A-Zone, Durgapur-713304,

                           Dist.-Burdwan.

-VERSUS-

Opposite Party: 1.  The Director/Branch-in-charge, M/s. Hahnemann Housing &

                                    Development(P) Ltd., Branch Office at Sanjib Sarani, Aesby More,

                                    Durgapur-713201, Dist.-Burdwan.

                              2. The Director, M/s. Hahnemann Housing & Development(P) Ltd., B-16,

                                   Katjunagar, Beside Katjunagar Swarnamoyee Vidyapith, P.S.-Jadavpur,

                                   Kolkata-700 032.

                              3. Kalidas Mukherjee, Director, M/s.Hahnemann Housing & Development(P)

                                   Ltd., Vill.-Bellatore, P.O. & P.S.-Bellatore, Dist.-Bankura, Pin-722 203.

Present: Hon’ble President: Smt.Jayanti Maitra(Ray).

    Hon’ble Member:  Miss Nivedita Ghosh.

Appeared for the Complainant:  Ld. Advocate, Soumendra Kr. Dutta.

Appeared for the Opposite Party No.2:  Ld. Advocate, Chandan Kumar Nandi.

JUDGEMENT

This is a case U/s.  12 of  the C.P.  Act for  an award  directing the O.Ps.  to refund of Rs.1,78,764/- towards the entire cost of developed land,  to pay Rs. 84,018/- towards interest @ 12% p.a. for delay in payment of refundable amount, to pay compensation of Rs.2,00,000/- for mental pain, agony and harassment and to pay  litigation cost of Rs.20,000/- to the complainant.

The complainant’s short case in hand is that in the year 2010 the complainant being allured  with approached to the O.P. Company/Developer for purchasing a piece of developed land in the company’s project namely “SANTIBAN-IV” at Durgapur in the District-Burdwan.  The complainant intends to purchase 2.5 Cottah (i.e. 1800 Sq.ft.) of developed land bearing plot No.577, Mouza-Chapabandi, J.L. No.44, Dag No.159 and Khantian No.39/1 under Faridpur Police Station, Dist.-Burdwan from O.P. Developer on completion of basic infrastructural development work like roads, sanitation/sewerage etc and on payment  of total value or price of land including cost of development in the specified manner.  The company agreed to assign the title ship of the said developed land to the complainant through the execution of a deed of conveyance on schedule time.  The total value of the said piece of land including cost of development is agreed to Rs.1,87,500/- between the parties.

Accordingly the complainant booked the said land by remitting the booking money to the O.P. Company and a Certificate of Booking dated 8.10.2010 having its validity up to 8.11.2013 was issued by the O.P. Company on receipt of an amount of Rs.37,500/- and in  this regard a money receipt was issued bearing No.150821 dated 8.10.2010 by the O.P. Company.  A bipartite agreement dated 1.11.2011 was executed between the complainant and O.P. , represented by Sri Kalidas Mukherjee, Director of the O.P. Company.

After execution of a bipartite agreement between the parties the complainant paid 36 monthly installment @ Rs.4,167/- to the O.P. Developer but the O.P. neither carried out the agreed infrastructure development work in the said land nor assigned/registered the deed of conveyance to the complainant nor refunded back the value of the land which is already remitted by the O.P. 

The complainant further submits that after prolonged persuasion from pillar to post the O.P. Company ultimately agreed to refund the deposited value of the developed land along with admissible interest accrued thereon and asked the complainant to submit required papers.  Accordingly the complainant submitted all the papers to the O.P. on 11.10.2014 but till 3.8.2016 the O.P. did not refund the value of the land.  Thereafter the complainant approached to the CA & FBP, Durgapur office and lodge a complaint against the said O.P.  A MOU was signed by the parties through CA & FBP Department on 1.9.2016 and O.P. agreed to refund the remitted money of the complainant.  On 4.10.2016 the O.P. refund the remitted money of Rs.50,000/- to the complainant  through NEFT but failed to refund the rest of the dues.  Finding no other alternatives the complainant filed this case before this Forum for relief as stated above.

DECISION WITH REASON

            As the O.Ps. did not contested the case inspite of receiving notice the case is heard exparte against the O.ps.  To prove the case the complainant submitted evidence in chief on affidavit where he has stated the fact as stated above.  That he paid Rs.37,500/-  on 28.11.2010 as booking money and from the document filed by the complainant it appears that two receipt showing payment of installment dated 12.11.2010 and 20.12.2010 and bank pass book showing payment of installment on 23.12.2013 @ Rs.4,167/-.  However the document filed by the complainant i.e. note sheet of Assistant  Director-in-charge of C.A. &  F.B.P., Govt. of West Bengal, Durgapur Regional Office wherein the complainant along with other two customers of O.Ps. attended the meeting.  One authorized representative of O.Ps. namely Subrata Kr. Chakraborty, Advocate was also participated in the meeting.  The complainant and two other customers of O.Ps. as well as the said advocate signed in presence of Assistant Direction-in-charge of C.A. & F.B.P, Govt. of West Bengal, Durgapur Regional Office.  Wherein it reveals that complainant was able to satisfy that he paid total amount of Rs.1,87,500/- to the O.P.  Admittedly, complainant received Rs.50,000/- from the O.Ps. in terms of MOU of O.P. Company on 4.10.2016 but O.P. failed to refund the rest dues within the time agreed.  Even not following the agreement before the Assistant Direction-in-charge of C.A. & F.B.P, Govt. of West Bengal, Durgapur Regional Office on 1.9.2016. 

            Heard Ld. Lawyer of the complainant and perused all the documents filed by the complainant.  We have also gone through the evidence of the complainant, Uttam Kr.Mondal.   Complainant has been able to prove that he has paid Rs.37,500/- as booking money and Rs.1,87,500/- towards the entire cost of developed land in terms of the agreement dated 01.11.2011.  Out of this Rs.1,87,500/-, the complainant received Rs.50,000/- refunded by the O.Ps.  Therefore, the complainant is entitled to realize Rs.1,37,500/- (Rs.1,87,500/- minus Rs.50,000/-) .  More over the complainant entitled to get interest over the same.

            The petitioner has been able to prove that inspite of agreement for sale executed between the parties and payment of booking money, the O.Ps. failed to hand over the possession to the complainant after development of the plot as per the agreement.  Certainly the complainant faces financial loss as well as mental pain and agony.  For such harassment by the O.Ps., the O.Ps. failed to refund the remaining portion of the money to the complainant.  The O.Ps. only made a part payment of Rs.50,000/- to the complainant.  O.Ps. are therefore, deficient in service and the complainant has been proved this case exparte.

Court Fees paid is correct.  Hence, it is

Ordered

That the case be and the same is allowed exparte in part.

The O.Ps. are directed to refund the remaining amount of Rs. Rs.1,37,500/- (Rs.1,87,500/- minus Rs.50,000/-) along with interest @ 10% p.a. from the date of filing of this case to the complainant.  The O.Ps. are also directed to pay Rs.10,000/- as compensation for mental pain and agony also to pay Rs.5000/- as litigation cost to the complainant within 45 days, failing which the total awarded amount will carry interest @ 12% p.a. upto the date of realization and the complainant will be at liberty to put this award in execution in accordance with law.

Let the copies of this order be supplied to the parties free of cost.

                         Jayanti Maitra (Ray)

             Dictated and corrected by me.                                                          President       

                                                                                                                    D.C.D.R.F., Burdwan

                   Jayanti Maitra (Ray)                   

                           President

                   D.C.D.R.F., Burdwan

(Nivedita Ghosh)

Member

D.C.D.R.F., Burdwan