District : South 24
Parganas
Before the Hon’ble
District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas
Complaint
Case no. of 2016
In
the matter of :
An
application under Section 12 of the Consumer Protection Act’ 1986;
A
N D
P.S. Bishnupur
In
the matter of :
Smt.
Urmila Upadhyay, Wife of Shri Aditya Nath Upadhyay, residing at premises being
no. 18/5, S.N. Bagchi Road, Post Office & Police Station – Berhampore,
District – Murshidabad, Pin -7421.
_____________Complainant
-
Versus –
1.
Sri Alok Barman, Managing Director, of
M/s. Joyotu Land Development Private Limited, having it’s office at premises
being no. 15, Parsasr Road ( 1st Floor ), ( Near Lake Market ), Kolkata
– 700 029, Police Station – Lake, District – South 24 Parganas.
2.
Sri Hemanta Nandi, Director, of M/s.
Joyotu Land Development Private Limited, having it’s registered office at
premises being no. 35/1, Panchanantala Lane, Police Station – Behala, Post
Office – Behala, Kolkata – 700 034, District – South 24 Parganas.
3.
M/s. Joyotu Land Development Private
Limited, having it’s registered office at premises being no. 35/1,
Panchanantala Lane, Police Station – Behala, Post Office – Behala, Kolkata –
700 034, District – South 24 Parganas.
_________Respondents / Opposite Parties.
The
humble petition of the above named Complainant most respectfully;
Sheweth as under :
1.
That the Complainant beg to states
that the Petitioner is a house wife, residing at the address as given in the
cause title of this application under Section 12 of the Consumer Protection
Act’ 1986.
2.
That the Complainant beg to states
that the Respondent no.1, is a Managing Director of M/s. Joyotu Land
Development Private Limited, having it’s office at premises being no. 15,
Parsasr Road ( 1st Floor ), ( Near Lake Market ), Kolkata – 700 029,
Police Station – Lake, District – South 24 Parganas, and the Respondent no.2,
is a Director of M/s. Joyotu Land Development Private Limited, having it’s
registered office at premises being no. 35/1, Panchanantala Lane, Police
Station – Behala, Post Office – Behala, Kolkata – 700 034, District – South 24
Parganas, and the respondent no.3, as M/s. Joyotu Land Development Private
Limited, having it’s registered office at premises being no. 35/1,
Panchanantala Lane, Police Station – Behala, Post Office – Behala, Kolkata –
700 034, District – South 24 Parganas, is a Company registered with the ROC in
accordance with the Companies Act’ 1956, which represented through it’s
Managing Director and Director being the respondent no. 1, and 2, respectively,
herein.
3.
That the Complainant beg to states
that in the year 2001, the Respondent
no. 3, through it’s representative being the respondent no. 1, and 2, are for
the purpose of establishing a Township of Lower and Middle Income Group of
People unde the name “ FALGUNI ABASAN”, Sector – I, has procured and / or to be
procured agricultural land comprising of 1501 numbers of Plots of different
sizes in the District of 24 Parganas South, Mouza – Amgachia, under Gram
Panchayat “ AMGACHIA”, West Bengal. The respondents committed about the said Project
of Township under the name “ FALGUNI ABASAN” Sector – I, is schedule to be
completed in all respect by 31st December’ 2003, for demarcation and
handing over possession thereof to the intending allottees / Purchasers. In the
mean time in the year 2002, the respondents herein has since prepared a Master
Plan duly approved by the local Gram Panchayat showing therein the said 1501
number of plots in different sizes and the plots have been earmarked.
4.
That the Complainant beg to states
that the Respondents herein advertised such said project “ FALGUNI ABASAN”
through different manners and means thereof including through broachers
thereof, which shows glorious maps and photos of the said project, wooing to
intending purchaser/s, therefore the complainant find her dream plot in the
said project and on 14-09-2002, filled up form for booking thereof with the
alleged respondents herein, and paid thereof booking money at first on
submission of such said application for booking as of Rs. 25,800/- ( Rupees
Twenty Five Thousand and Eight Hundred ) only, vide cheque, and whereas the
respondents has issued due receipt acknowledgment thereof, on 10-11-2002,
acknowledging the booking and allotment in respect of Plot no. A – 308, 309, of
Mouza – Amgachia, Khatian no. 1315, 838, measuring 4368 Sft ( approx ),
comprised in R.S. Dag no. 554, 553, R.S. no. 554, 553, Police station –
Bishnupur, District – South 24 Parganas, having price of Plot as of Rs. 2,60,867/-
( approx ), in Scheme IV, Type A, having Booking Amount as Rs. 25,800/- (
Rupees Twenty Five Thousand and Eight Hundred ) only.
5.
That the Complainant beg to states
that the Complainant since vide application dated 14-09-2002, has booked the
Plot no. A – 308, 309, by way of paying to the respondents herein the
prescribed amount of advance of Rs. 83,844/- ( Rupees Eighty Three Thousand
Eight Hundred Forty Four ) only, receipt of which has been granted by the
respondents herein, and thereafter the respondents herein entered into an
Agreement for Sale dated 22nd day of July’ 2003, wherein such facts
of payments has been stated thereof including about the balance amount of Rs.
1,77,023/- ( Rupees One Lakh and Seventy Seven Thousand, and Twenty Three )
only, is payable in 14 ( Forteen ) equal monthly installments, in respect of
the said allotment of Land.
6.
That the Complainant beg to states
that the Complainant made the payments of total consideration money in the
following manners :
|
Sl. No.
|
Date
|
Mode of payment
|
Amount
|
|
1
|
14-09-2002
|
cheque
|
25,800.00
|
|
2
|
08-06-2003
|
cheque
|
58,044.00
|
|
3
|
11-10-2003
|
cheque
|
58,044.00
|
|
4
|
20-12-2003
|
cheque
|
29,022.00
|
|
5
|
10-04-2004
|
cheque
|
29,022.00
|
|
6
|
28-08-2004
|
cheque
|
29,022.00
|
|
7
|
19-11-2004
|
cheque
|
29,022.00
|
|
8
|
05-01-2012
|
cash
|
2,891.00
|
Total
payment of consideration money as of Rs. 2,60, 867/- ( Rupees Two Lakhs and
Sixty Thousand and Eight Hundred Sixty Seven ) only, has been paid by the
Complainant herein to the respondents, against the proper money receipts
thereof issued by the respondents herein.
7.
That the Complainant beg to states
that the Respondents at first issued the allotment certificate as “ This is to
certify that Mrs. Urmila Upadhyay, has booked plot in Falguni Abasan project
being promoted & developed by Joyotu Land Development Pvt. Limited”, which
clearly certify by the respondents that they are engaged in promoting and
development of Land thereof.
8.
That the Complainant beg to states
that in the said Agreement vfor Sale dated 22nd day of July’ 2003,
it has been covenant and stated by and between the parties hereof in the
following manner :
i)
At paragraph no. 4 “ That the Company,
the party of the First Part herein, shall complete the sale in respect of the
said plot of land in the Project “ Falhuni Abasan” Sector – I, directly by
registered Deed of Conveyance upon completion of the Project and payment of
entire consideration and upon expiry of the term of this agreement having
demarcated the said plot of land and developed complete in all respect”
ii)
At paragraph no. 5 “ That the said
entire area of Land under the said Project including the said plot of land
fully described in Schedule “B” written hereunder is free from all
encumberances and has a clear and good marketable title”
iii)
At paragraph no. 7 “ That the Allottee
/ Purchaser the party of the Second Part herein shall always co-operate with the
company, the party of the First Part herein for the purpose of Development of
the Land under the said Project and forsuch purpose the Allottee / Purchaser
may be required to sign, execute necessary lawful papers and documents /
representations and affidavits”
iv)
At paragraph no. 11 “ That the
Allottee / Purchaser, the party of the Second Part herein shall be provided
with the said plot of land necessary facilities fully described in the Schedule
“C” written hereunder”
v)
At paragraph no. 14 “ That the Purchaser
shall remasin bound to pay the consideration at the rate of Rs. 43,000/- per
Cottahs as per actual measurement of the land at the time of conveyance”
vi)
Schedule “C” – 4. Park, Lake, 5. Water
reservoir, 6. Market Complex, School, Nursing Home, Dispensary of the Company
in the Project Complex, 7. And other facility or facilities as required for a
modern Township Complex, including providing electricity arrangement and
drainage in the complex”
9.
That the Complainant beg to states
that the Complainant on being completing the payments towards the consideration
money as agreed upon in terms of the Agreement for Sale dated 22nd
day of July’ 2003, in the year 2004, off and on contacting the respondents and
requesting them for executing registering the Deed of Conveyance in her favour
in respect of the schedule property as enshrined under Schedule B of the
Agreement for Sale dated 22nd day of July’ 2003, but all in vain,
and therefore the Complainant herself made her one representation dated
14-07-2006, requesting inter alia for registration and delivery of the said
schedule property, which has been duly received by the respondents herein,
though not answered, thereof.
10.
That the Complainant beg to states
that the respondents asked for few amount as to be remain as balance to take by
them as of Rs. 2,891/- ( Rupees Two Thousand Eight hundred ninety one ) only,
which has been immediately paid by the complainant herein on 05-01-2012, and
thereof again the complainant followed the respondents with a request for the
registration and delivery of the said schedule plot of land with all facilities
as described in the schedule “C” therein in the Agreement for Sale dated 22nd
day of July’ 2003, but all in vain at the behest of the respondents.
11.
That the Complainant beg to states
that the Complainant again made her written representation on 03-07-2015,
wherein she stating inter alia requesting for delivery and registration of the
said plot of land with the schedule C facilities, at an early date, and clear
her intention that she do not want the refund of money at any instances from
the respondents, the respondents are in receipt of such representation though
did not answer thereof and did not cause any endavour towards the delivery and
registration of deed of conveyance in respect of the said schedule land along
with the facilities as described in schedule C therein in the said Agreement
for Sale dated 22nd day of July’ 2003.
12.
That the Complainant beg to states
that the complainant’s served one Legal notice through the Learned Advocate
Shri Aditya Nath Upadhyay, vide Legal
notice dated 4th day of January’ 2016, upon the respondents herein
with the earlier and pertinent request thereof for compliance of the terms of
the agreement for sale dated 22nd day of July’ 2003, thereof in terms
of delivery of possession and execution and registration of Deed of Conveyance
in favour of complainant, at an early date, which the respondents are in
receipt thereof, though did not answer and did not cause any such thing as per
request and or in terms of the said Agreement for Sale dated 22nd
day of July’ 2003, thereof.
13.
That the Complainant beg to states
that as the considerable period has been expired at the behest of the
respondents, the complainant realized that the respondents are bent upon not to
act in accordance with the terms of the said Agreement for Sale dated 22nd
day of July’ 2003, the complainant resort the present legal recourses under the
provision of Section of 12 of the Consumer Protection Act’ 1986, before the
Hon’ble Forum, to get justice in terms of the prescribed Law.
14.
That the Complainant beg to states
that the Complainant is a bonafide Consumer in terms of the provision of
Section 2 (d) of the Consumer Protection Act’ 1986.
15.
That the Complainant beg to states
that the Complainant is a lady of an old aged, and house wife, become
victimized at the behest of the respondents alone due to their in action and or
non action and or non performance of their acts and deeds in terms of the
agreement for sale dated 22nd day of July 2003, which clearly
established their acts and deeds as of deficiency in services and unfair trade
practices as in the provisions of the Consumer Protection Act’ 1986.
16.
That the Complainant beg to states
that the Complainant solely seeks to get the delivery of physical possession
of the Schedule B with the schedule C,
as described in the Agreement for Sale dated 22nd day of July’ 2003,
and the registration of Deed of Conveyance thereof.
17.
That the Complainant beg to states
that the Complainant seeks to get compensation as of Rs. 2,00,000/- ( Ruprees
Two Lakhs ) only, as self assessed for the harassment, trouble, mental agony
and anxiety thereof during such tenure, thereof to compensate.
18.
That the Complainant beg to states
that the Complainant seeks to get the escalation values of stamp duty and
registration charges payable at the concern registry office of the district
south 24 parganas as of Rs. 1,00,000/- ( Rupees One Lakh ) only, as of self
assessed thereof by the complainant, to accommodate the registration of the
Deed of Conveyance at this later period stage of delay thereof.
19.
That the Complainant beg to states
that the Complainant seeks to get the pecuniary damages in terms of money as
may be assessed and ascertained by the Hon’ble Forum, in terms of the factual
circumstances and in the Law in the interest of administration of justice.
20.
That the Complainant beg to states
that the Cause of action firstly arose as on 14-09-2002, while the complainant
at first make the payments for booking and or allotment of plot of alleged
land, and thereafter on subsequent payments thereof, and on the date of
Agreement for Sale dated 22nd day of July’ 2003, and thereafter on
all such dates and time while the Complainant made her payments to the
respondents against the proper receipt and acknowledgment thereof, and on the
date of her first representation as on 14-07-2006, and thereafter on the
payment as on 05-01-2012, and thereafter on the second representation letter
dated 03-07-2015, to the respondents, and again on the legal notice dated 4th
day of January’ 2016, thereof continuing the cause of action still in the
necessity of compliance towards the delivery of physical possession and the
registration of the Deed of Conveyance in favour of the complainant herein, in
respect of the schedule B plot of Land with the facilities of the schedule C as
described in the said Agreement for Sale dated 22nd day of July’
2003.
21.
That the Complainant beg to states
that the territorial jurisdiction and pecuniary jurisdiction as enshrined under
the provision of Section 11 of the Consumer Protection Act’ 1986, well fall in
the jurisdiction of the Hon’ble District Consumer Disputes Redressal Forum, at
Baruipur, South 24 Parganas, as the Schedule B and Schedule C property are
lying in the territory of the Bishnupur Police Station, under the District
South 24 Parganas.
22.
That the Complainant beg to states
that the present application under Section 12 of the Consumer Protection Act’
1986, has been duly made in the terms of the provision of Section 24 A of the
Consumer Protection Act’ 1986, as there is still continuing cause of actions
thereof as described in the foregoing paragraph of this application.
23.
That the Complainant beg to states
that the Schedule “B” property has been described in terms of the Agreement for
Sale dated 22nd day of July’ 2016, as “ ALL THAT piece and parcel of
Plot No. A – 308, 309, as altogether shown in Master plan of the Company /
Vendor measuring about 4368 Sft. ( approx ) under “ Falguni Abasan” Sector – I,
lying and situate at District 24 Parganas South under the jurisdiction of
Amgachia Gram Panchayat, Mouza – Amgachia, J.L. no. 93, Khatian no. 1315, 838,
Dag no. 554, 555, Police Station Bishnupur, District 24 Parganas South, butted
and bounded as under :
Plot
no. – A – 308 :
North
– Plot no. A – 301 ( as per Master Plan of Company );
South
– 20 ft. wide Road of the Project ( as per master plan of the Company );
East
– Plot no. A – 307 ( as per master plan of the Company );
West
– Plot no. A – 309 ( as per master plan of the company )
Plot
no. – A – 309 :
North
– Plot no. A – 302 ( as per Master Plan of Company );
South
– 20 ft. wide Road of the Project ( as per master plan of the Company );
East
– Plot no. A – 308 ( as per master plan of the Company );
West
– Plot no. A – 310 ( as per master plan of the company ).
Schedule
“ C “ - 4. Park, Lake, 5. Water reservoir, 6. Market Complex, School, Nursing
Home, Dispensary of the Company in the Project Complex, 7. And other facility
or facilities as required for a modern Township Complex, including providing
electricity arrangement and drainage in the complex.
24.
That the Complainant is enclosing
herewith this petition a copy of the followings :
a)
Broucher of respondents company,
marked as Annexure – “A”,
b)
Application form filled up and
submitted on 14-09-2002, marked as Annexure – “B”,
c)
Money receipt and letter of allotment dated
10-11-2002, marked as annexure – “C”
d)
All other money receipts, marked as
Annexure – “D”,
e)
Agreement for Sale dated 22nd
day of July’ 2003, marked as Annexure – “E”,
f)
Letter dated 14-07-2006, marked as
Annexure – “F”,
g)
Letter dated 03-07-2015, marked as
Annexure – “G”,
h)
Legal Notice dated 04-01-2016, marked
as Annexure – “H”,
25.
That this application is made bonafide
in the interest of administration of justice.
It is therefore prayed that your
Honour would graciously be pleased tom pass the following order or orders :
a)
To direct the opposite parties to
delivered the physical possession of Schedule B, with all the facilities of
Schedule C, in terms of the Agreement for Sale dated 22nd day of
July’ 2003, to the Complainant, herein;
b)
To direct all the opposite parties to
execute and register the Deed of Conveyance in favour of the Complainant
herein, in respect of the Schedule B, with all the facilities of Schedule C, in
terms of the Agreement for Sale dated 22nd day of July’ 2003, to the
Complainant, herein;
c)
To grant the ad-interim injunction and
or status quo over the Schedule B, with all the facilities of Schedule C, in
terms of the Agreement for Sale dated 22nd day of July’ 2003, to the
parties, herein;
d)
To direct all the opposite parties to
pay compensation as of Rs. 2,00,000/- ( Rupees Two Lakhs ) only, for the
harassment, trouble, mental agony and anxiety thereof during such tenure,
thereof to compensate, in terms of the Law to the Complainant herein;
e)
To direct all the opposite parties to
pay Rs. 1,00,000/- ( Rupees One Lakh ) only, to accommodate the registration of
the Deed of Conveyance at this later period stage of delay thereof, to the
Complainant, as of escalation charges for the stamp duty payable and
registration charges thereof at the concern registry office of the district
south 24 parganas;
f)
To direct all the opposite parties to
pay pecuniary damages, as assessed and ascertained by the Hon’ble Forum, in the
factual circumstances, and in the law to the Complainant, herein;
g)
To direct all the opposite parties to
pay the Litigation Cost to the Complainant herein;
h)
To appoint the Receiver, Spl. Officer,
Advocate Commissioner, in need of adjudication of the present proceeding in
terms of the provision of Section 12 of the Consumer Protection Act’ 1986;
i)
And or to pass such other necessary
order or orders as your Honour may deem, fit and proper for the end of justice.
And for this act of
kindness, the Petitioner as in duty bound shall ever pray.
SCHEDULE
– “B”
ALL
THAT piece and parcel of Plot No. A – 308, 309, as altogether shown in Master
plan of the Company / Vendor measuring about 4368 Sft. ( approx ) under “
Falguni Abasan” Sector – I, lying and situate at District 24 Parganas South
under the jurisdiction of Amgachia Gram Panchayat, Mouza – Amgachia, J.L. no.
93, Khatian no. 1315, 838, Dag no. 554, 555, Police Station Bishnupur, District
24 Parganas South, butted and bounded as under :
Plot
no. – A – 308 :
North
– Plot no. A – 301 ( as per Master Plan of Company );
South
– 20 ft. wide Road of the Project ( as per master plan of the Company );
East
– Plot no. A – 307 ( as per master plan of the Company );
West
– Plot no. A – 309 ( as per master plan of the company )
Plot
no. – A – 309 :
North
– Plot no. A – 302 ( as per Master Plan of Company );
South
– 20 ft. wide Road of the Project ( as per master plan of the Company );
East
– Plot no. A – 308 ( as per master plan of the Company );
West
– Plot no. A – 310 ( as per master plan of the company ).
Schedule
“ C “
-
4. Park, Lake, 5. Water reservoir, 6. Market Complex, School, Nursing Home,
Dispensary of the Company in the Project Complex, 7. And other facility or
facilities as required for a modern Township Complex, including providing
electricity arrangement and drainage in the complex.
Verification
I, Smt. Urmila
Upadhyay, being the Complainant herein in the present application under Section
12 of the Consumer Protection Act’ 1986, made this application before the
Hon’ble Forum. I am well conversant and acquainted with the material facts, as
stated in the foregoing paragraph of my application. I verify and sign on
__________this the day of __________________________2016, at Baruipur, South 24
Parganas.
Signature
Identified by
me,
Advocate
Prepared in my
Chamber,
Advocate
Date :
_____________________2016.
Place : Baruipur,
South 24 Parganas
District : 24-Parganas South.
BEFORE THE HON”BLE DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM, AT BARUIPORE, KOLKATA – 700 027.
Complaint Case
no…………..…of 2016.
In the matter of
:-
Sri Urmila
Upadhyay,
…….Applicant / Petitioner.
-
Versus –
Sri
Alok Barman, and others,
………Respondents / Opposite Parties.
AFFIDAVIT
Affidavit of Smt. Urmila
Upadhyay, Wife of Shri Aditya Nath Upadhyay, aged about _______ years, by faith
Hindu, by Occupation House Wife, residing at premises being no. 18/5, S.N.
Bagchi Road, Post Office & Police Station – Berhampore, District –
Murshidabad, Pin -7421.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1 : That I am the constituted
attorney of the Complainants / Petitioners, and thoroughly conversant with the
facts and circumstances of the present case and am competent and authorized to
swear this affidavit.
2 : That the facts contained in
my accompanying complaint / application, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do
hereby solemnly verify that the contents of my above affidavit are true and
correct to my knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of
…………….2016, at the Baruipur, South 24 Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :………………….……2016.
Place : Baruipur, South 24
Parganas.
N O T A R Y
Vakalatnama
District
: South 24-Parganas.
BEFORE THE HON’BLE
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BARUIPORE, SOUTH 24 PARGANAS
Case
No. of 2016.
Smt. Urmila Upadhyay, COMPLAINANT
Versus .
Sri Alok Barman, and
others, RESPONDENTS
KNOW ALL MEN by this presents
that I Smt. Urmila
Upadhyay, Wife of Shri Aditya Nath Upadhyay, residing at premises being no.
18/5, S.N. Bagchi Road, Post Office & Police Station – Berhampore, District
– Murshidabad, Pin -7421,do hereby
constitute and appoint the undermentioned Advocate, Pleaderes, Vakils, jointly
& each of them severally to be pleader of ME / US and on MY / OUR behalf to
appear for ME / US in the above cause and to take such steps and proceeding as
may be necessary on MY/ OUR behalf and for the purpose to make sign verify and
present all necessary petitions, plaints, written statements and other document
and do nominate and appoint or retain senior Counsels, Vakils, Advocate and
other persons, lodge and deposit moneys and document and other papers in court
and the same again to withdraw and to take out of Court and to obtain or grant
as the case may be effectual receipts and discharge for the same and for all
moneys which may be payable to ME / US in the premises. To enter into
compromise with MY / OUR approval and withdraw all moneys from the court: AND
GENERALLY to act in the premises and proceeding arising thereout whether by woy
of execution, riview appeal or otherwise or in any manner contested therewith
as effectually and to all intents and purpose as I / WE could act if personally
present and ALSO for all and of the purpose aforesaid to appoint a substitute
or substitutes and such substitution and as pleasure to revoke I / WE hereby
ratifying and agreeing to confirm whatever
may be lawfully done by virtue hereof : IN WITNESS WHEREOF this Vakalatnama
has by MY / US.
This_____________ day of
__________ 2016 been executed
- Shri Ashok Kumar Singh, Advocate.
Mobile Number : 9883070666 / 9836829666.
- Shri Rabindra Nath Das, Advocate.
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