w w w . L a w y e r S e r v i c e s . i n



Desire Agro Resorts Development Pvt. Ltd. & Another v/s Pradip Kumar Halder


Company & Directors' Information:- N V RESORTS PRIVATE LIMITED [Amalgamated] CIN = U55101DL2005PTC140042

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- R P RESORTS PRIVATE LIMITED [Active] CIN = U55100KL1994PTC008387

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- K V RESORTS PRIVATE LIMITED [Active] CIN = U55101KL2008PTC022372

Company & Directors' Information:- D AND J RESORTS PRIVATE LIMITED [Active] CIN = U55101KA2005PTC037192

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- D D RESORTS PVT LTD [Active] CIN = U55101UP1996PTC085622

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- J K RESORTS (INDIA) PRIVATE LIMITED [Active] CIN = U55101PB2010PTC033935

Company & Directors' Information:- E & G RESORTS PRIVATE LIMITED [Active] CIN = U55100MH2011PTC219298

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- V B RESORTS PRIVATE LIMITED [Active] CIN = U92400MH2006PTC160282

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- K M A RESORTS PRIVATE LIMITED [Active] CIN = U55101KL2006PTC019473

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- G L RESORTS LIMITED [Active] CIN = U55101AS2001PLC006625

Company & Directors' Information:- DESIRE 4 INDIA PRIVATE LIMITED [Active] CIN = U72200MH2000PTC129028

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- J K S RESORTS PRIVATE LIMITED [Active] CIN = U55101DL2005PTC139671

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- A B RESORTS PRIVATE LIMITED [Active] CIN = U55101CH1991PTC011581

Company & Directors' Information:- H. P. RESORTS CORPORATION PRIVATE LIMITED [Active] CIN = U55101PB2013PTC037173

Company & Directors' Information:- A V RESORTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059863

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R & R RESORTS PVT LTD [Active] CIN = U55101WB1992PTC055530

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- N K RESORTS PRIVATE LIMITED [Active] CIN = U55101UR2010PTC033163

Company & Directors' Information:- T K RESORTS PRIVATE LIMITED [Active] CIN = U55100PB2005PTC029014

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- S G AGRO & RESORTS PRIVATE LIMITED [Active] CIN = U01403DL2010PTC211090

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- K J M RESORTS INDIA PRIVATE LIMITED [Active] CIN = U55102KL1997PTC011072

Company & Directors' Information:- DESIRE AGRO RESORTS DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102WB1998PTC086495

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- O AND S RESORTS PRIVATE LIMITED [Amalgamated] CIN = U55101DL2005PTC137184

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- S. J. RESORTS PRIVATE LIMITED [Strike Off] CIN = U55101UR2007PTC032446

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- V K N RESORTS PRIVATE LIMITED [Active] CIN = U55100MH1998PTC113913

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- A P RESORTS PRIVATE LIMITED [Active] CIN = U55101JK2013PTC003836

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- U AND I RESORTS PRIVATE LIMITED [Active] CIN = U55100AN2009PTC000115

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- P AND S RESORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U55101KL2006PTC019352

Company & Directors' Information:- S B RESORTS PRIVATE LIMITED [Active] CIN = U55204AP2014PTC095375

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- S P RESORTS PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC012963

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P G C RESORTS (INDIA) PRIVATE LIMITED [Active] CIN = U55101TZ2009PTC015156

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- M. G. RESORTS PRIVATE LIMITED [Active] CIN = U45200UP2006PTC032590

Company & Directors' Information:- K L RESORTS PVT LTD [Strike Off] CIN = U55102KL1994PTC008129

Company & Directors' Information:- K M S RESORTS PVT LTD [Strike Off] CIN = U55101HP1994PTC014873

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- B S RESORTS PRIVATE LIMITED [Strike Off] CIN = U55101CH1998PTC021876

Company & Directors' Information:- G P RESORTS PRIVATE LIMITED [Strike Off] CIN = U55102MH1996PTC100147

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- R S D RESORTS PVT LTD [Strike Off] CIN = U55101CH1991PTC011691

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- P C INDIA RESORTS PRIVATE LIMITED [Active] CIN = U55101MH2001PTC130996

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- K B H RESORTS PRIVATE LIMITED [Strike Off] CIN = U55100PB2006PTC030411

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- K C G RESORTS PRIVATE LIMITED [Active] CIN = U55101HR2009PTC039831

Company & Directors' Information:- M R G AGRO AND RESORTS PRIVATE LIMITED [Strike Off] CIN = U55101MH1998PTC113521

Company & Directors' Information:- DESIRE RESORTS (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U55101MH2002PTC135406

Company & Directors' Information:- H. S. RESORTS INDIA PRIVATE LIMITED [Active] CIN = U55101UR1999PTC024888

Company & Directors' Information:- D P S RESORTS PRIVATE LIMITED [Active] CIN = U55204UP2011PTC046717

Company & Directors' Information:- A S R RESORTS PRIVATE LIMITED [Active] CIN = U55101DL2006PTC155838

Company & Directors' Information:- R B RESORTS PRIVATE LIMITED [Active] CIN = U55101DL2011PTC214512

Company & Directors' Information:- M. M. RESORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U70109DL2013PTC259872

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- O N S RESORTS PRIVATE LIMITED [Strike Off] CIN = U55101PB2000PTC023508

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- G K RESORTS PRIVATE LIMITED [Active] CIN = U55101DL1996PTC083411

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- R S M RESORTS PRIVATE LIMITED [Active] CIN = U17291PB2008PTC031591

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- I A M RESORTS PVT LTD [Strike Off] CIN = U55101CH2006PTC029845

Company & Directors' Information:- M. N. RESORTS PRIVATE LIMITED [Strike Off] CIN = U55101DL2007PTC168774

Company & Directors' Information:- A D RESORTS PRIVATE LIMITED [Active] CIN = U55101DL2010PTC201715

Company & Directors' Information:- A TO Z RESORTS PRIVATE LIMITED [Strike Off] CIN = U55101DL2011PTC227025

Company & Directors' Information:- A N A RESORTS PRIVATE LIMITED [Active] CIN = U55101DL2011PTC227078

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- T N M RESORTS PRIVATE LIMITED [Active] CIN = U55101HR2021PTC093063

Company & Directors' Information:- J K HALDER PVT LTD [Strike Off] CIN = U51909WB1945PTC012253

    First Appeal No. A/648/2019

    Decided On, 27 January 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER & THE HONOURABLE MRS. DIPA SEN (MAITY)
    By, MEMBER

    For the Appellants: Uttam Chakraborty, Advocate. For the Respondent: Subhransu Bandyopadhyay, Chandra Sekhar Banerjee, S.S. Deb, Advocates.



Judgment Text


Samaresh Prasad Chowdhury, Presiding Member

The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the instance of Opposite Parties to assail the final order/judgment being order No. 20 dated 19.04.2017 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit- I (in short, Ld. District Forum) in Consumer Complaint no. 294/2014. By the impugned order, the Ld. District Forum allowed the complaint lodged by the respondent Sri Pradip Kumar Halder ex parte with the following directions:

“The OPs are jointly and/or severally directed to refund a sum of Rs. 10,07,037/- (Rupees ten lakhs seven thousand thirty seven) only to the complaint along with compensation of Rs. 1,00,000/- (Rupees one lakh) only for harassment and mental agony and litigation cost of Rs. 20,000/- (Rupees twenty thousand) only within 30 days from the date of communication of the order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realisation.”

The respondent herein being complainant lodged the complaint under Section 12 of the Act before the Ld. District Forum stating that after comming to know about ‘SONARTORI’ project to be developed by the OPs in Mouza-Natagachi, P.S.- Sonarpur, Dist- South 24 Parganas, he intended to purchase two plots of land to 1440 sq. ft. each of Rs. 1,10,000/- only aggregating Rs. 2,20,000/-. The complainant has stated that he has paid part consideration amount of Rs. 33,000/-+33,000/-= Rs. 66,000/- on 05.01.2008 and it was agreed that the balance consideration amount of Rs. 1,54,000/- will be paid by 36 Nos. of equal monthly instalments of Rs. 2,139/-+Rs. 2,139/-= Rs.4,278/- only per month as EMI. After payment of the said amount of Rs. 66,000/-, the complainant got two application Nos. for plot Nos. 71 and 72 and after receiving the said application money signed two agreements on 28.01.2008. The complainant has also stated that he intended to have plots in another land for purchasing 2160 sq. ft. each of Rs. 1,95,000/-+Rs. 1,95,000/-= Rs. 3,90,000/- and paid part consideration money of Rs. 58,500/-+Rs. 58,500/-=Rs. 1,17,000/- on 05.01.2008 and it was agreed that the rest consideration money of Rs. 2,73,000/- will be paid by 36 equal monthly instalments of Rs. 3,792/-+ Rs. 3,792/-= Rs. 7,584/-. The complainant has stated that he has paid Rs. 2,20,008/-+ Rs. 3,90,014/-= Rs. 6,10,002/- to the complainant as part consideration amount to purchase the plots in question. However, the complainant has failed to fulfil their promise and project has not been started. The complainant has made several correspondences including letter dated 29.03.2011 to the Managing Director of OP No. 1 company but all went in vain. Hence, the respondent approached the Ld. District Forum with prayer for following reliefs, viz.- (a) a direction upon the OPs to refund the entire sum of Rs.10,07,037/- with immediate effect; (b) to direct the OP No. 1 though the OP No. 2 to pay an amount of Rs. 1,20,000/- as compensation for harassment and mental agony; (c) to direct the OPs to pay Rs. 30,000/-as litigation costs; (d) to direct the OPs to pay interest @12% p.a. amounting to Rs. 2,47,015/- etc.

The OPs/appellants initially appeared before the Ld. District Forum and were contesting the case but subsequently they abstained from participating in the proceeding and as such the complaint was heard ex parte.

After assessing the materials on record, the Ld. District Forum by impugned order allowed the complaint with certain directions upon the Opposite Parties, as indicated above. Challenging the final order/judgment the OPs have come up in this commission with the present appeal.

Ld. Advocate for the appellants has submitted that the Ld. District Forum in violation of principles of natural justice directed the appellant to refund the sum of Rs. 10,07,037/- to the respondent along with compensation of Rs. 1,00,000/- for harassment and mental agony and litigation costs of Rs. 20,000/- only within 30 days from the date of communication of the order although the respondent has paid only a sum of Rs. 6,10,022/- as part consideration amount towards the total consideration amount. Therefore, the impugned order being not in conformity with the contents of petition of complaint, it is liable to be set aside.

Ld. Advocate for the respondent, on the other hand, has admitted that the respondent/complainant has paid a sum of Rs. 6,10,022/- to the appellants/developer and as such the respondent is entitled to refund a sum of Rs. 6,10,022/- along with interest thereon @ 12% p.a. as per prayer of petition of complaint.

Upon hearing the Ld. Advocates for the parties and on going through the materials on record, we find, substance behind the contention of the Ld. Advocate for the appellants. In the petition of complaint and the evidence led by the respondent/complainant himself, it would reveal that the OPs/appellants are liable to refund an amount of Rs. 2,20,008/-+Rs. 3,90,014/- totalling Rs. 6,10,022/-. Apart from the same, the respondent has claimed an interest @ 12% p.a. from the date of payment. However, it is not clear how the respondent/complainant has claimed refund of Rs. 10,07,037/- in the prayer clause of the petition of complaint.

Therefore, relying upon the statements of respondent/complainant himself it would reveal that the respondent/complainant has paid only Rs. 2,20,008/-+Rs. 3,90,014/-= Rs. 6,10,022/- to the appellant company and as such the respondent/complainant is entitled to refund of the amount not more than that. However, the Ld. District Forum has directed for refund of Rs. 10,07,037/- which is totally beyond the pleading and the evidence led by the respondent/complainant himself. Since the Ld. District Forum has awarded interest @ 10% p.a. the interest rate cannot be enhanced to 12%p.a. as no appeal has been preferred by the complainant/respondent. However, the order of imposition of cost of Rs.

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20,000/- appears to be justified and, therefore, it should not be interfered with. In view of the above, the impugned order is modified only to the extent that the appellants/OPs shall refund Rs. 6,10,022/- along with compensation in the form of simple interest @ 10% p.a. over the amount from the date each payment till its realisation. The respondent/complainant is also entitled to litigation costs of Rs. 20,000/- imposed by the Ld. District Forum. The appellants/OPs are directed to make payments of the amount within 45 days from the date, in default, the respondent/complainant shall have liberty to put the order in execution before the Ld. District Forum.
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