IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/20/2016.
Date of Filing: 09.02.2016. Date of Final Order: 16.01.2017.
Complainant: Keshab Chandra Paul, S/O Dr. Kishori Mohan Paul,
Vill. Naginabagh,P.O.&P.S &Dist. Murshidabad, Pin 742149.
-Vs-
Opposite Party: 1. Tushar Ghosh, S/O Late Sunil Ghosh
2. Purnima Santra W/O Tushar Ghosh D/O Netai Santra,
Aswinipally Malibagan Gate, P.O.& P.S. Barasat , Dist. 24-Parganas, Pin-700124.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member.
FINAL ORDER
Sri Samaresh Kumar Mitra, Presiding Member.
This complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for an order directing the OPs to return the earnest of money of Rs.8,00,000/- which they took for consideration value of the Flat and Rs.1,00,000/- as interest for the said amount and also Rs.2,00,000/- for pain and mental agony .
The case of the complainant, in brief, is that in order to purchase a Fat for Rs.15,00,000/- he paid Rs.8,00,000/- to the OPs as earnest money out of which he paid Rs.7,00,000/- by a cheque No.410155/- dt. 9.4.13 and Rs.1, 00,000/- in cash to the OPs. There was no agreement between the parties. The complainant went to the OPs for execution and registration of the Sale Deed after receiving the balance amount but the OPs willfully refused to execute the Sale Deed. Accordingly, the complainant demanded for returning the earnest money of Rs.8, 00,000/- but the OPs refused to return the said amount. There is deficiency of service on the part of the OPs. Being aggrieved the complainant came before this Forum for relief. Hence, the complaint petition.
The complainant has also filed evidence by way of affidavit where he affirmed his case as per written version of this case.
In spite of receiving the notices of this case, the OPs did not appear before this Forum to contest the case. So, the case runs ex parte against the OPs. The complainant advanced argument by his agent which is heard ex-parte.
Upon the pleadings the following points have been raised for the disposal of the case.
- Whether the complainant is a consumer under the ambit of Consumer Protection Act, 1986?
For purchasing a Flat the complainant went to the OPs and after paying Rs.8, 00,000/- as earnest money to the OPs, the complainant booked the flat for purchase. He paid Rs.7, 00,000/- by a cheque No.410155 dt. 9.4.13 and Rs.1,00,000/- in cash to OPs as part payment of the consideration money.The complainant is willing to pay the balance amount of the consideration money of the Flat. By appearing before this Forum the OPs can rebut the averment of the complainant but they did not do that. So, the complainant is a consumer under the ambit of the Consumer Protection Act, 1986.
- Whether this Forum has territorial jurisdiction to try this case?
The complainant is a permanent resident of Murshidabad District. The schedule of the Flat property is also situated at Berhampore within this district. Initially, the OPs resided at Kalpataru Abasan, Berhampore , Murshidabad. So, this Forum has territorial jurisdiction to try this case.
- Whether this Forum has pecuniary jurisdiction to try this case?
The consideration money of the Flat is Rs.15,00,000/-. The complainant prays for refund of Rs.8,00,000/- which he paid to the OPs as earnest money , Rs.1,00,000/- as interest and Rs,2,00,000/- as compensation for mental pain and agony. So, the total claim of the complainant is Rs. 11, 00,000/- which is below Rs.20, 00,000/-. So, this Forum has every pecuniary jurisdiction to try this case.
- Whether the complainant is entitled to get the relief as prayed for?
From the Deed of Agreement to Sale dt. 09.04.2013, it appears that an agreement was made by and between the complainant and the OPs regarding the sale of the flat property. The consideration money of the flat was fixed at Rs.15, 00,000/-. From the documents as well as the evidence of the complainant, it also appears that the complainant has paid Rs.8, 00,000/- to the OPs as consideration money of the Flat out of which he paid Rs.7,00,000/- by a cheque bearing No. 410155 dt. 09.04.2013 in the name of the OP No.2 and Rs.1, 00,000/- in cash. The case is heard ex parte. In spite of receiving the notice of this case, the OPs did not appear to rebut the averment of the complainant made in the complaint as well as in his evidence. So, the version of the complainant remains unchallenged. The complainant succeeds in establishing his case.
Hence, we are of the view that the complainant is entitled to get refund of Rs.8, 00,000/- along with interest @ 7% from 09.04.2013.
- To what other relief /reliefs the complainant
As per settled principle of law, when the interest is allowed on the principal, the complainant is entitled to no other compensation.
- To what other relief /reliefs the complainant
As per settled principle of law, when the interest is allowed on the principal, the complainant is entitled to no other compensation.
Hence,
ORDERED
that the Consumer Complaint No. 20/2016 be and the same is allowed ex parte against the OPs but no order as to cost.
The OPs are directed to refund Rs.8,00,000/- along with interest @7% p.a. from 09.04.2013 to the complainant within 45 days from the date of this order, failing which the OPs are to pay Rs.100/- as fine per days’ delay and the amount so accumulated shall be deposited in Consumer Legal Aid Account.
The OPs are further directed to pay Rs.5,000/- as fine for Unfair Trade Practice in the Consumer Legal Aid Account within 45 days from the date of this order.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and corrected by me.
