Date of filing: 07-06-2017 Date of disposal: 11.09.2017
Present :
Smt. Jayanti Maitra (Roy) Hon’ble President,
Sri Pankaj Kumar Sinha Hon’ble Member,
Miss Nivedita Ghosh Hon’ble Member,
Pritha Nandi, W/o. Asish Kumar Nandi,
Resident of Vill.- Mukundapur, P.O.-
Siduli, P.S.-Andal, Dist.-Burdwan,
Pin-713322.
Complainant
VERSUS
- The Director, Hahnemann Housing & Development (P) Ltd.,
having its Branch Office at Durgapur, Sanjib Sarani, Aesby
More, P.S.-Durgapur, Dist.-Burdwan, Pin-713213.
- Hahnemann Housing & Development (P) Ltd., represented
by its Director, having its office at Durgapur, Sanjib Sarani,
Aesby More, P.S.-Durgapur, Dist.-Burdwan, Pin-713213.
Opposite Parties.
Appeared for the complainant : Ld. Advocate Suvro Chakraborty.
Appeared for the O. P. No. 1 & 2 : None.
JUDGEMENT
This is a case U/s. 12 of the C.P. Act for an award directing the O.Ps. to refund Rs.1,50,000/- of total amount of 36 EMI for purchasing a plot along with interest @ 12% p.a. from 15.12.2015; towards deficiency in service and unfair trade practice, to pay Rs.1,00,000/- as compensation for mental pain and agony and to pay Rs.20,000/- as litigation cost to the complainant.
The complainant’s case in short is that she wants to purchase a plot of land with basic infrastructure and arranged money for such purchase from her ‘Stridhan’. For this purpose the complainant approached to the O.P. The complainant came to know that the O.P. wanted to sold plots of land at their said project area at Rs.1,50,000/-. After inspection of the plot the complainant agreed to purchase the plot with basic infrastructure. The complainant paid the booking amount of Rs.30,000/- to the O.P. on 16.12.2011 and in this connection the O.P. issued a Certificate of Booking on the same day which was valid upto 16.1.2015. The agreement for sale was prepared on 8.11.2012. It is also pertinent to mention that the O.P. issued a book of EMI to the complainant as the remaining amount had to be paid by the complainant in 36 installments.
As per agreement the total price of the schedule mentioned plot was Rs.1,50,000/- and said amount excluding the booking amount paid by the complainant in 36 installments to the O.P. and O.P. endorsed the same in the EMI book of the complainant. Inspite of payment of all the installments to the O.P. it has failed to fulfill their parts and liabilities by way of non-completion of the work of the site as well as execution of the registered deed of sale in favour of the complainant.
By getting no alternative the complainant requested to the O.P. to refund the amount which he has paid to the complainant for the schedule plot. The O.P. asked to the complainant to submit all the original documents before the O.P. The complainant submit the same on 12.5.2015. On receipt of those documents O.P. issued a receipt in favour of the complainant on the same date but very unfortunately the complainant did not get back her money from the O.P. till date. On the other hand the O.P. failed to deliver the possession of the schedule mentioned plot within agreed period. The complainant approached several times to the O.P. and requested to refund money but the O.P. did not bother to give any reply. Finding no other alternative the complainant filed this case before this Ld. Forum for relief as stated above.
DECISION WITH REASON
As the O.P. did not contested this case inspite of receiving the notice, the case is heard exparte against the O.ps.
To prove the case the complainant submitted evidence in chief on affidavit where she has stated the facts as stated above. That she paid Rs.30,000/- for booking money and Rs.1,50,000/- by 36 installments and agreement of sale was executed on 8.11.2012. She also filed documents like Booking Certificate of the plot “Santiban” for which she paid Rs.30,000/-. The certificate was issued on 16.12.2011, showing validity upto 16.1.2015. The List of Hahnemann Housing & Development (P) Ltd. No.293076, showing such payment of Rs.30,000/-, is also filed. The agreement for sale between the parties prepared and signed by the parties and the copy of the agreement goes to show that a sum of Rs.59,997/-was received by the O.P. on 10.11.2012. Parties to this case put their signatures in presence of the witness in the said agreement for sale after receiving the said amount of Rs.59,997/- The complainant files another document showing that Pritha Nandi (complainant) claimed for refund of the amount of Rs.1,50,000/- on 12.5.2015. The complainant submitted photocopies of agreement of sale, booking certificate, EMI Book, voter card, pan card, booking counterpart, bank pass book etc.
Heard Ld. Lawyer for the complainant. Perused all the documents filed by the complainant. We have also gone through the evidence of Pritha Nandi, who filed affidavit of examination in chief stating all this fact supported by abovementioned documents. The complainant has been able to prove that she paid Rs.30,000/- as booking amount to the O.P. and the certificate was issued on 16.11.2012. Agreement for sale was also prepared and complainant has been able to prove primafacie that she paid Rs.59,997/- on 10.10.2012. However, the complainant has not been able to file any documents showing that she actually paid 36 instalments in total Rs.1,50,000/- as the copy of EMI book or any other documents that such payment has been made. Complainant alleged that O.P. received all the original documents on 12.5.2015 which the complainant stated in the petition of complaint as well as in her evidence and the documents filed showing that she submitted all these papers herself for refund of the said amount of Rs.1,50,000/-. The Xerox copies of the documents with seal and signature of the O.P. dated 12.5.2015 has been filed by the complainant.
So, it is clear from the evidence of the complainant that she paid the total amount of Rs.89,997/- (Rs.30,000/- + Rs.59,997/-) and she also submitted some documents to the O.P. when she wanted to refund of Rs.1,50,000/- from the O.P. The petitioner has been able to prove the case exparte and she is entitled to get relief from this Forum and this Forum also can safely conclude that the complainant has been able to prove that she paid Rs.30, 000/- on 16.12.2011 to the O.P. for booking the plot and in this regard the O.P. issued the booking certificate. The O.P. allotted the plot vide B.F. No.293076. Agreement for sale was prepared between the parties on 8.11.2012 and the complainant has been able to prove that she has been paid Rs.59,997/- to the complainant. So, she is entitled to get refund of Rs.89,997/- (Rs.30,000/- + Rs.59,997/-). The O.P. never refunded the amount till date. Therefore, the complainant is entitled to get refund of the money from the O.P. with interest. She is also entitled to get compensation for mental pain, agony and harassment as inspite of receiving payment the O.P. could not hand over the allotted plot to the complainant as per agreement nor refund the money. O.Ps. are therefore deficient in service. The case succeeds exparte.
Court fees paid is correct. Hence, it is
Ordered
that the C.C. No.81/2017 be and the same is allowed exparte in part. The O.Ps. are directed to refund total Rs.89,997/- (Rs.30,000/- + Rs.59,997/-) along with interest @ 10% p.a. and to pay Rs.1,00,000/- as compensation for mental pain and agony and also to pay Rs.5,000/- 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 realisation 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) (Sri Pankaj Kr. Sinha)
Member Member
D.C.D.R.F., Burdwan D.C.D.R.F., Burdwan
