DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

                                                              SOUTH 24 – PARGANAS,

                                        AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

                                                            C.C. CASE NO. 168 OF 2019

DATE OF FILING: 17.09.2019                                                    DATE OF JUDGEMENT: 13.12.2019

Present                      :   President       :   Ananta Kumar Kapri

                                        Member         :   Jhunu Prasad

                                        Member       :     Jagadish Chandra Barman

COMPLAINANT              :  Mrs. Sarani Rudra, W/o – Mr. Parijit Rudra, of 62/17, Jorbabagan Road, P.S. – Netaji Nagar, Kolkata – 700 047.

• VERSUS  -

O.P/O.Ps                         : 1.   M/S DHRITRI INFRAVENTURE PVT. LTD., A Company incorporated under the provisions of Companies Act, 1956, Having its registered office at 194, Cannel Street, Pratiksha Building, 4^th Floor, P.O. - Sreebhumi, P.S. – Lake Town , Kolkata – 700 089 and also at DN – 51, Merlin Infinite, 6^th Floor, Unit – 606, Sector – V, Salt Lake City, Kolkata – 700 091.

                                              2.   Sri Suman Jana, S/o – Sri Tapan Kumar Jana.

                                              3. Smt. Dipanwita Samanta, W/o – Sri Suman Jana, Both the Directors of M/S DHRITRI INFRAVENTURE PVT. LTD., Having its office at DN - 51, Merlin Infinite, 6^th Floor, Unit – 606, Sector – V, Salt Lake City, Kolkata – 700 091, also at 194, Cannel Street, Pratiksha Building, 4^th Floor, P.O. - Sreebhumi, P.S. – Lake Town , Kolkata – 700 048. 

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JUDGMENT

Sri Ananta Kumar Kapri, President

Facts leading to the filing of the instant case may be epitomized as follows.

Complainant intended to purchase a self-contained flat from O.P. nos. 2 and 3 and for that purpose a sale agreement dated 09.03.2017 was executed by and between the complainant and the O.P. company whereby the O.P. nos. 2 and 3 i.e. the developers of the company agreed to sell a self-contained flat succinctly described in schedule to the complaint for a total consideration price of Rs. 13,58,000/-. Complainant paid Rs. 2,29,520/-. The agreement was executed on 09.03.2017. Since then, water has flown down the Ganges, but the O.P. company has not yet started the construction of the multistoried building. Even the money received by the O.Ps. from the complainant has not been returned to her on her demand. Therefore, the complainant has come up before this forum with the filing of the instant case praying for refund of the money paid by her to the O.Ps. and also for compensation etc. Hence, this case.     

The O.Ps. have not turned up to contest the case in spite of such service of notice upon them, vide postal track report kept in record. Therefore, the case proceeds ex-parte against them.

Complainant has filed evidence on affidavit, which is kept in record.                                                                                            DECISION WITH REASONS

            Now to see whether there is any deficiency in service on the part of the O.Ps. and whether the complainant is entitled to relief or reliefs as prayed for. The complainant has filed a copy of sale agreement dated 09.03.2017. A perusal of the agreement reveals that the O.Ps. have received Rs. 2,29,520/- out of total consideration price of Rs. 13,58,000/-. It also transpires on further perusal of the sale agreement that the O.Ps. agreed to construct a multistoried building. The complainant has stated in her evidence that the construction work of the said building has not yet been started and therefore she prays for refund of the money paid by her to the O.Ps. Collection of money from the public by the O.Ps. without any intention to construct multistoried building is nothing but an unfair trade practice. The complainant has fallen in the trap of the unfair trade practice of the O.Ps. Her dream for a residential flat is now shattered to pieces. She has sustained considerable amount of mental agony and harassment. She is entitled to get the decree and the decree is passed as hereunder.     

            In the result, the case succeeds.

            Hence,

       ORDERED

            That the complaint case be and the same is decreed ex-parte against the O.Ps. with a cost of Rs. 10,000/-.

The O.Ps. are directed to refund Rs. 2,29,520/- with interest at the rate of 10% p.a. till full realization thereof. They are also directed to pay compensation at the rate of 10% of the refund amount within a month of this order failing which the compensation amount and the cost amount will bear interest at the rate of 10% p.a. till full realization thereof.    

Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.

I/We agree                                                                                                               President

                                                Member                                Member                                           

                        Directed and corrected by me

                                                               President           

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

       ORDERED

            That the complaint case be and the same is decreed ex-parte against the O.Ps. with a cost of Rs. 10,000/-.

The O.Ps. are directed to refund Rs. 2,29,520/- with interest at the rate of 10% p.a. till full realization thereof. They are also directed to pay compensation at the rate of 10% of the refund amount within a month of this order failing which the compensation amount and the cost amount will bear interest at the rate of 10% p.a. till full realization thereof.    

Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.