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



Gouri Saha v/s Amarendra Nath Das & Others


Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- GOURI INDIA PRIVATE LTD. [Strike Off] CIN = U74900DL1985PTC021945

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

    First Appeal No. A/992/2016

    Decided On, 20 September 2019

    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

   



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 complainant to impeach the judgement/final order dated 15.09.2016 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur (In short, ‘Ld. District Forum’) in Consumer Complaint No.39/2015 whereby the complaint lodged by the appellant under Section 12 of the Act was dismissed on contest with cost of Rs.10,000/-.

The appellant herein being complainant lodged the complaint before the Ld. District Forum asserting that she entered into an agreement with OP No.14 (Respondent No.18) on 12.02.2017 to purchase one self-contained flat measuring about 700 sq. ft. super built up area on the top floor in a G+3 storied building lying and situated at Premises No.34, Mahendra Nath Sen Lane, P.S.-Regent Park, Kolkata-700040, District- South 24 Parganas within the local limits of Ward No.-97 of Kolkata Municipal Corporation at a consideration of Rs.5,00,000/-. The complainant has stated that she has paid the entire consideration amount of Rs.5,00,000/- but the OP No.14/developer refused to hand over the possession of the flat in favour of her and also refuses to execute the deed of conveyance. Hence, the appellant approached the Ld. District Forum with prayer for several reliefs, viz.-(a) the opposite parties be directed to execute the deed of conveyance as per agreement dated 12.02.2017; (b) to direct the opposite parties to pay a sum of Rs.2,00,000/- as compensation for harassment and mental agony; (c) a direction upon the opposite parties to pay Rs.50,000/- as litigation cost etc.

The opposite parties No. 6 to 13 (land owners) by filing a joint written version have stated that in the month of April 2009, a dispute over allocation and non-delivery of possession etc. arose between them and OP No.14 (developer) and as such the matter was moved to the Hon’ble High Court at Calcutta and by an order in F.M.A.T. No.1094/2011 with C.A.N. 7371/2011, the Hon’ble High Court referred the matter to Hon’ble Mr. Justice Susanta Chatterjee (Retd.) as sole Arbitrator. The arbitration has already been started and the hearing of the last and 26th sitting was completed on 04.03.2015 and 04.05.2015 has been fixed for publication of the award. Hence, the Opposite Parties have made a prayer not to proceed with the complaint and the matter be kept in obeyance till the award in respect of allocation of OP No.4/developer is published.

The respondent No.18 being O.P. No.14 (developer) by filing a written version has stated that the complainant is a financer and in the process of construction of building she entered into a loan transaction with her for which the complainant paid her a sum of Rs.5,00,000/- towards business accommodation loan and she has already paid Rs.6,40,000/- but the complainant did not grant any receipt to her. The developer has stated that as the transaction is a loan transaction in substance and as there was no question of deficiency in services and further the complainant has already received Rs.10,65,000/- from her towards refund of loan amount with interest, the complaint should be dismissed.

Both the parties have tendered evidence through affidavit. They have also given reply against the questionnaire set forth by their adversaries and also participated in the final hearing. After hearing both sides and considering the materials on record, the Ld. District Forum by the impugned Judgement/final order dismissed the complaint with cost of Rs.10,000/- to be paid by the appellant/complainant in the Consumer Legal Aid Account of the Commission. Being aggrieve and dissatisfied with the said order, the complainant has come up in this Commission with the present appeal.

Undisputedly, the respondent Nos.1 to 17 or their predecessors – in- interest were the owners of a piece and parcel of land measuring about 4 Cottahs 2 Chittaks lying and situated at Premises No.34, Mahendra Nath Sen Lane, P.S.-Regent Park, Kolkata-700040, District- South 24 Parganas within the local limits of Ward No.97 of Kolkata Municipal Corporation. It is also not in dispute that the land owners have also executed the Power of Attorney authorising the developer to raise construction of a G+3 storied building over the said property.

Being emboldened with the power conferred upon her, OP No.14/respondent No.18 had entered into an agreement for sell with the appellant on 12.02.2007 to sell one flat measuring about 700 sq. ft. super built area on the top floor in the said building along with undivided proportionate share of land in the said premises at a total consideration of Rs.5,00,000/-. The whole dispute cropped up as to the nature of transaction. According to the appellant, she intended to purchase the flat for which she paid an amount of Rs.5,00,000/- to the respondent No. 18 and as such the relation of Consumer/service provider between her and respondent No.18/ OP No.14 exists. On the other hand, it is contended on behalf of respondent No.18/developer that she was provided with a loan of 5,00,000/- and which she repaid and as such the transaction being not an agreement for sale in substance, the appellant cannot claim herself as ‘Consumer’ within the meaning of Section 2(1)(d) of the Act.

To ascertain as to whether the transaction between the appellant and respondent No.18/ OP No.14 was an agreement for sale or a loan in substance, the Ld. District Forum has observed that a man can lie but document does not lie and in this regard the Ld. District Forum has relied upon the bank statement and came to a finding that it was not an agreement for sale because complainant has accepted Rs.4,25,000/- out of Rs.5,00,000/-. So, if there is no money transaction between the complainant and OP No.14 why the complainant has accepted that amount showing in the bank statement of OP No.14.

We have also scrutinised the statements made by the complainant with regard to the questionnaire made on behalf of respondent No.18/ OP No.14. In question Nos. 5 and 7 the complainant was asked wherefrom she collected the amount of Rs.5,00,000/- to pay it to OP No.14/respondent No.18 and is there any paper to show wherefrom she collected the said sum of Rs.5,00,000/- to which the complainant has stated that she collected the amount of Rs.5,00,000/- from her husband but she did not feel it necessary to produce any document like bank statement or savings account book about the collection of the said amount.

In question Nos.9 to 14, several questions were put to the complainant relating to acceptance of Rs.60,000/-, Rs.15,000/-, Rs.15,000/-, Rs.15,000/-, Rs.20,000/- and Rs.3,00,000/- by way of cheques to which the complainant denied but did not give any specific answer whether she received the amount from the developer or not.

In question No.15, it was specifically put to the complainant- “have you got Rs.4,25,000/- from the OP No.14 by cheques?” to which the appellant/complainant replies – “no”. In question No.16 it was asked to the appellant/complainant –“Have you made any clarification about such payment of Rs.4,25,000/- by the Opposite party No.14 to you?” to which it was replied –“This is a question of record”. In another question being question No.19 it was again asked to the complainant –“Do you admit out of the principal loan amount of Rs.5,00,000/- the opposite party No.14 paid Rs.4,25,000/- by cheques and the balance amount of Rs.75,000/- by cash?” to which it was replied –“I do not admit as it is totally false and baseless”. When bank statements to that effect are available in the record, the complainant/appellant should have given reasonable explanation to that effect. However, no such statement has been made by the appellant relating to procurement of Rs.5,00,000/- and received of the amount of Rs.6,40,000/- from April, 2009 to July 2014 which creates doubt as to genuineness of the claim of the appellant/complainant.

In this regard, the Ld. District Forum has rightly observed that it was not an agreement for sale because complainant has accepted Rs.4,25,000/- out of Rs.5,00,000/- by cheques.

Regarding non-issuance of money receipt the Ld. District Forum has observed-“It is true that the persons who were dealing with money lending business having no license definitely will not issue any written document. This is the trend of unofficial money lending which the complainant has made. But the complainant has accepted altogether Rs.4,50,000/- through cheques which is reflected in the bank statement of the developer.” We do not find to hold anything contrary to th

Please Login To View The Full Judgment!

e observation made by the Ld. District Forum. In other words, the appellant/complainant has not come before the Ld. District Forum with a clean hand. In other words, the appellant/complainant should have categorically explained the manner of acquisition of Rs.5,00,000/- by her, more precisely by producing the relevant document. The Ld. District Forum has rightly relied upon the bank statement and disbelieved the case of appellant. Therefore, considering the materials on record and we find that the appeal is totally devoid of any merit and as such it is liable to be dismissed. Consequently, the appeal is dismissed. However, there will be no order as to cost. The impugned judgement/final order dated 15.09.2016 passed in CC/39/2015 is hereby affirmed. `The Registrar of the Commission is directed to send a copy of the order to the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur for information.
O R







Judgements of Similar Parties

01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
28-09-2020 Emirates Airlines Versus Srikanta Saha & Others National Consumer Disputes Redressal Commission NCDRC
25-09-2020 Shanti Ranjan Das Versus The District Election Officer, 17-Barasat Parliamentary Constituency High Court of Judicature at Calcutta
26-08-2020 Davinder Nath Sethi & Another Versus M/s. Purearth Infrastructure Limited, New Delhi National Consumer Disputes Redressal Commission NCDRC
25-08-2020 Dewan Izzat Rai Nanda Thru Lr's Versus Dewan Iqbal Nath Thru Lr's & Others High Court of Delhi
05-08-2020 Sudhindra Das Versus Assam Fisheries Development Corporation Ltd & Others High Court of Gauhati
30-07-2020 Som Nath Bhatt Versus Central Provident Fund Commissioner, New Delhi & Another National Consumer Disputes Redressal Commission NCDRC
30-07-2020 Som Nath Bhatt Versus Central Provident Fund Commissioner, New Delhi & Another National Consumer Disputes Redressal Commission NCDRC
27-07-2020 Punjab National Bank, Guwahati Versus Madhab Kumar Das & Another & Others High Court of Gauhati
16-07-2020 Satendra Nath Biswas Versus State of Chhattisgarh Through The Secretary, Department of Urban, Administration, Chhattisgarh & Others High Court of Chhattisgarh
16-07-2020 Kamlesh Devi & Others Versus Bhola Nath & Others High Court of Jammu and Kashmir
09-07-2020 Sukhram & Others Versus Kumar Das Mahant & Others High Court of Chhattisgarh
09-07-2020 Gouri Das & Others Versus Nani Bhattacharjee & Others High Court of Judicature at Calcutta
07-07-2020 Bibhuti Ranjan Das Versus Gouri Das High Court of Tripura
03-07-2020 Manoj Kumar Saha @ Manoj Kumar Sah Versus State of Bihar through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna & Others High Court of Judicature at Patna
26-06-2020 Sri Ananta Das, Assam & Others Versus Union of India, Represented by the Secretary to the Government of India, Ministry of Agriculture, New Delhi & Others High Court of Gauhati
19-06-2020 Sri Bhaskar Das Versus Renu Das High Court of Gauhati
19-06-2020 Jitumoni Das Versus Sri Hirakjyoti Das High Court of Gauhati
19-06-2020 Sri Bhaskar Das Versus Renu Das High Court of Gauhati
17-06-2020 Jiten Das & Others Versus Matiary Vivekananda Shikshalay & Another High Court of Judicature at Calcutta
15-06-2020 Aditya Nath Jha Versus Union of India & Others Supreme Court of India
11-06-2020 State of HP Versus Dina Nath (Since Deceased) & Another High Court of Himachal Pradesh
08-06-2020 Bharati Das & Others Versus Jorhat Municipal Board & Others High Court of Gauhati
08-06-2020 Dr. Debajit Das & Another Versus Williamson Magor Education Trust & Others & Others High Court of Gauhati
01-06-2020 Nagen Chandra Das & Others Versus The State of Assam, Rep. by the Comm. And Secy., Deptt. of Urban Development Deptt., Dispur & Others High Court of Gauhati
14-05-2020 Ramakanta Das & Others Versus The State of Tripura Represented by the Secretary, Government of Tripura, Home Department, Agartala High Court of Tripura
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
12-05-2020 Soumyashree Das Versus Governing Body of Biren Mitra Memorial Womens College & Others High Court of Orissa
06-05-2020 Triloki Nath Singh Versus Anirudh Singh(D) Thr. Lrs & Others Supreme Court of India
04-05-2020 Sanju Sukla Das Versus The State of Tripura High Court of Tripura
28-04-2020 Sambhu Nath & Others Versus State of U.P. High Court of Judicature at Allahabad
27-04-2020 Mohd. Burhan Versus Triloki Nath Nirmal High Court of Delhi
20-03-2020 Joydeb Das Versus The State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Suresh Chandra Das Versus The State of Tripura to be represented by the Chief Secretary to the Government of Tripura, Civil Secretariat, New Secretariat Complex, West Tripura & Another High Court of Tripura
20-03-2020 Narottam Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
19-03-2020 Nibu Das Proprietor, Haritha Theeram, Thiruvananthapuram Versus M/s. Pothys Pvt. Ltd. Represented by Its General Manager, Savanan & Others High Court of Kerala
18-03-2020 Vishvajeet Dass @ Vishvanath Das @ Vishwa Versus State High Court of Delhi
18-03-2020 Pushpak Infrastructure Pvt. Ltd. Versus Goutam Saha & Others National Consumer Disputes Redressal Commission NCDRC
17-03-2020 Surajit Das Versus The Cholamandalam Investment and Finance Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-03-2020 Nabakishore Das Versus Republic of India High Court of Orissa
12-03-2020 Chinu Das & Others Versus Nimai Debdas High Court of Tripura
11-03-2020 Bidyut Kumar Saha Versus Tapa Saha High Court of Tripura
06-03-2020 Nirpen Chandra Das Versus The Union of India, Represented by the Secretary to the Government of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-03-2020 Saurendra Nath Sen Versus M/s. Ranjan Nirman Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-03-2020 Jaharlal Das & Others Versus The State of Tripura, represented by its Secretary-cum-Commissioner, Department of Home, Government of Tripura & Others High Court of Tripura
05-03-2020 Debiprasad Chatterjee Versus Chaitali Das West Bengal State Consumer Disputes Redressal Commission Kolkata
04-03-2020 Suryaneel Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Sudam Das Purkayastha Versus The Union of India, Represented by the Secretary, Ministry of Home affairs, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
04-03-2020 Shine Das Versus Deepthi High Court of Kerala
03-03-2020 Debashish Nath Versus The State of Tripura, Represented by the Secretary-cum-Commissioner, Department of Information and Cultural Affairs, Government of Tripura & Others High Court of Tripura
27-02-2020 Pradip Debnath Versus Babul Das & Others High Court of Tripura
27-02-2020 Chander Kanta Kainth & Others Versus Tulsi Das Talreja High Court of Delhi
26-02-2020 Saani Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-02-2020 Proprietor, Gandhi Institute of Management & TechnologyProprietor Sarbani Das Versus Alok Kumar Jha National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
25-02-2020 M/s. Tridev Express Cargo Versus IPSITA Saha National Consumer Disputes Redressal Commission NCDRC
21-02-2020 Sunipa Das Versus Securities and Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
20-02-2020 Kaushik Saha Versus The Genaral Manager, SBI & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
19-02-2020 Suvayan Chakraborty, Prop., King Construction Versus Subhendu Bikash Das West Bengal State Consumer Disputes Redressal Commission Kolkata
19-02-2020 Chitta Ranjan Das & Others V/S Jyotsna Das & Others High Court of Delhi
18-02-2020 Shakti Nath & Others V/S Alpha Tiger Cyprus Investment No.3 Ltd. And Others Supreme Court of India
18-02-2020 Chandan Maity Versus Ananta Kumar Das High Court of Judicature at Calcutta
17-02-2020 Bhima Charan Das & Another Versus Rampada Mondal & Others High Court of Judicature at Calcutta
14-02-2020 IDBI Bank Ltd. Versus Sadananda Das West Bengal State Consumer Disputes Redressal Commission Kolkata
14-02-2020 Gurupada Das Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Sociedade Patriotica Dos Baldios Das Novas Conquistas Versus The State of Goa, through Chief Secretary, Secretariat & Others In the High Court of Bombay at Goa
14-02-2020 Subhash @ Subash Deb Nath Versus On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others High Court of Gauhati
13-02-2020 Debendra Das Versus Union of India Through General Manager & Others Central Administrative Tribunal Guwahati Bench Guwahati
12-02-2020 M/s. Mahakaleswar Construction & Another Versus Palash Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-02-2020 The Deputy Director, Sub-Regional Office, Employees State Insurance Corporation, Thiruvananthapuram & Another Versus Surendra Das, Proprietor, Hotel Sree Visakh, Thiruvananthapuram & Others High Court of Kerala
10-02-2020 Axis Bank V/S Shyambeer Nath Tiwari and Others. Debts Recovery Tribunal Delhi
10-02-2020 Lipika Dey (Saha) Versus Babul Kumar Saha High Court of Tripura
10-02-2020 Gopal Das & Others Versus The State of Tripura & Others High Court of Tripura
07-02-2020 Arati Das Versus Sabitri Enterprise, Rep. by prop., Mukto Roy West Bengal State Consumer Disputes Redressal Commission Kolkata
07-02-2020 Bijali Saha & Another Versus Riman Saha High Court of Tripura
07-02-2020 Paras Nath Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
07-02-2020 Union of India & Another Versus Deepak Niranjan Nath Pandit Supreme Court of India
06-02-2020 Mati Das Versus The Union of India Represented by the General Manager, N.F. Railway, Maligaon & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-02-2020 Arati Das & Others Versus Promodh Ranjan Das & Another High Court of Judicature at Calcutta
04-02-2020 Union of India & Others Versus Gopaldas Bhagwan Das & Others Supreme Court of India
03-02-2020 Debasish Saha Versus Godrej Properties Limited National Consumer Disputes Redressal Commission NCDRC
01-02-2020 Bipul Chandra Das & Another Versus Rakhi Acharjee & Others High Court of Tripura
31-01-2020 Sanjay Vithal Das Sampat Versus Government of India, Ministry of Commerce & Industry, Central Secretariat, New Delhi, Represented by Its Secretary & Others High Court of Kerala
30-01-2020 Suani Das Versus CPIO Medical Council of India Central Information Commission
24-01-2020 Kalyani Saha & Another Versus M/s. Chowdhury Projects Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-01-2020 Andhra Hosiery, Mens Garmentsand & Another Versus Lakshman Das & Others High Court of for the State of Telangana
23-01-2020 Governing Body Swami Shraddhanand College Versus Amar Nath Jha & Another Supreme Court of India
22-01-2020 Bharati Ghosh Versus M/s. Rajib Home Solutions Rep. by its prop., Rajib Das West Bengal State Consumer Disputes Redressal Commission Kolkata
21-01-2020 Pranati Das @ Puja Shil Versus The State of West Bengal High Court of Judicature at Calcutta
20-01-2020 Pankaj Behari Saha V/S The State of Tripura, Represented by the Chief Secretary, Government of Tripura & Others High Court of Tripura
17-01-2020 Monotosh Saha Versus Sanjit Thakurata & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-01-2020 Bibhas Saha & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
15-01-2020 Begum Sakina Khatoon Versus Gouri Shankar Dey & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2020 Md. Imran & Another Versus Snehasis Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2020 Biswaranjan Das & Another Versus M/s. K.C. Panja & Sons & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
10-01-2020 Sanjay Das Versus State of Assam & Another High Court of Gauhati
08-01-2020 Mahanth Kalyan Das & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
08-01-2020 Parikshit Das Versus Allahabad Bank National Consumer Disputes Redressal Commission NCDRC