In the Court of the Calcutta District Forum, Unit-I
CDF-1/Case no.30/2007
Sri Debi Prasand Banerjee,
36, D.D. Mandal Ghat Road, Meghdoot
Apartment, Dakshineswar, Kolkata-76 ………..Complainant
vs.
The GRAPHS,
23/54, Gariahat Road, P.S. Lake, Kolkata-29 .…… Opposite party
Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Smt. J. Saha, Member.
Order no. 8 dt. 06/05/2008
The claim of the petitioner for an order directing the o.p. to execute and register the sale deed in favour of the complainant after developing the land in terms of the agreement alternatively directing the o.p. to refund the amount Rs.31000/- along with interest @ 18% p.a. from Feb 2001 till realization and 0ther consequential relief, has given rise to the consumer complaint.
It is alleged by the petitioner that he made full payment to o.p. on Feb 2001 consideration money along with registration fees being allured by advertisement and the rules , annex-A and B against receipts, annex-C. But o.p. has failed and neglected to execute the deed of conveyance in favour of the petitioner . he demanded possession of the land through his letter dt.28.11.06, annex-B from the o.p. allowing an option to refund back the entire consideration money. The o.p. contacted the petitioner over phone and promised to execute the deed of sale on or before 9.1.07. But even after lapse of the said date, o.p. did not execute the sale deed nor paid the consideration money. Thereby the petitioner has prayed for above relief.
Notice of the consumer complaint has been duly served upon the o.p.. They neither appeared nor has filed any w/v challenging the allegation of the petitioner.
The complainant has sworn an affidavit corroborating he statements made in the petition of complaint.
It is evident from the record, pursuant to the advertisement, annex-A and B, petitioner made an advance Rs.31000/- on the understanding, o.p. would execute a sale deed in his favour in respect of plot of land. But the o.p. neither refunded the amount nor executed the sale deed following the advertisement and the rules, annex-A and B.
The petitioner submitted the representation, annex-B for desire relief but o.p. did not respond.
The alleged grievances of the petitioner is neither challenged nor disputed. There is no materials on record contrary to the statements of the petitioner.
So the petitioner is entitled to relief in this consumer complaint as o.p. did not execute the sale deed in respect of the land nor they refunded the money which the petitioner advanced. Accordingly consumer complaint succeeds and it is awarded in the following terms.
The o.p. is directed to execute sale deed in respect of the allotted land within three months from date failing which they shall be liable to pay damages @ Rs.30/- per day till registration alternatively o.p. is directed to refund Rs.31000/- within three months from date along with interest @ 12% p.a. from Feb 2001 till realization of the amount. O.p. is also directed to pay litigation cost Rs.1000/- (Rupees one thousand) only within two months from date, failing which it will carry an interest @ 8% p.a. till realization.
Let copy of this order be supplied to the parties free of cost.
Member Member President.