KARTICK CHANDRA DAS Vs. SK MIRAJ SARKAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment passed by the Ld. District Forum, Hooghly, on 25.11.2009, in its case no -130/2006, wherein the Forum below allowing the complaint against the OP with cost has directed the OP to pay to the Complainant nos -1 and 2 a sum of Rs.70,000/ - and Rs.90,000/ - respectively towards advance money along with compensation of Rs.7000/ - and litigation cost of Rs.3000/ - to each of them within 30 days from the date of passing the judgment, failing which additional Rs.10,000/ - would be added with the decreetal amount in case of the Complainant no -1 and it would be Rs.80,000/ - and in case of Complainant -2 the OP was also directed to pay a sum of Rs.1,25,000/ - plus additional amount of Rs.10,000/ - i.e. Rs.1,35,000/ - and the entire amount would carry interest @9% p.a. in respect of both the Complainants.

(2.) THE brief facts of the case of the Complainant before the Forum below were that the Complainant -1 being an unemployed physically handicapped person and the Complainant -2 being a housewife expressed their desire to purchase a shop room each from the OP for stating their individual business as the OP is promoter/developer and he entered into lease agreement with the owners of Chitrabani Cinema Hall. The OP being lessee started to construct a super market on the front side of the said cinema hall and started to take advance money from the intending purchasers for selling shops/stalls.

(3.) THE Complainant -1 decided to buy a shop whose sale price was fixed at Rs.2,00,000/ - and paid a sum of Rs.20,000/ - on 23.05.2005 to the OP and the latter allotted room no -4 and it was mentioned in the money receipt too. Again the Complainant -1 paid a sum of Rs.50,000/ - on 05.07.2005 as second installment, but the money receipt reflected room no -3 instead of room no -4 as the OP changed the shop room on the Complainant s request. The OP assured the Complainant -1 that he will register the shop within 5 -6 months and the latter will also pay the balance consideration money of Rs.1,30,000/ -. But the OP did not pay any heed to the repeated requests of the Complainant -1 in registering the shop room on payment of the balance money.