17.....15.12.2021.....
The Complainants are present.
Today is fixed for delivery of final order. Final order containing 4 pages is ready. It is sealed, signed and delivered in open Commission.
It is
ORDERED
That the complaint case be and the same is hereby allowed ex-parte against the O.Ps. without cost.
The O.Ps. are directed to pay the advance amount of Rs. 5,00,000/- with simple interest @ 6% p.a. w.e.f. 28.11.2018 till liquidation and compensation of Rs. 10,000/- for mental pain and agony and deficiency in service to the complainants by 90 days from the date of this order. The O.Ps. are jointly and severally liable to comply the final order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 37 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
28.02.2020 16.03.2020 15.12.2021
Present : President : Asish Kumar Senapati
Member : Sangita Paul
COMPLAINANT : 1. Anasuya Samanta Boral, D/O- Tapan Kumar Samanta & W/O- Manoj Boral.
2. Manoj Boral, S/O- Late Madhu Boral.
Both residing at Khaja Anower Berh, West Para, Burdwan (Sadar), Purba Bardhaman, Pin - 713103
Versus
O.P/O.Ps : 1. Sonakshi Real Estate Developers Pvt. Ltd., Hanspukur, Kolagacha Main Road, Kolkata – 700 104.
2. Babon Sekh, S/O- Ansar Sekh, Kolagachia, Mollapara, Asuti II, P.O. – Thakurpukur, P.S. – Maheshtala, Kolkata – 700 063.
3. Mintu Mistry, S/O- Soumen Mistry, Hanspukur, P.O.- Joka, P.S. – Thakurpukur, Kolkata - 700104.
Advocate for the complainants : In person
Advocate for the O.Ps. : None
Sri Asish Kumar Senapati, President
This is a complaint filed by One Anusuya Samanta Boral and another (hereinafter referred to as the complainants) against Sonakshi Real Estate Developers Pvt. Ltd. & 2 others (hereinafter referred to as the O.Ps.) praying for a direction upon the O.Ps. to register the sale deed in terms of the agreement and to pay the compensation or to refund deposit of Rs. 5,00,000/- , compensation and other reliefs alleging deficiency in service.
The sum and substance of the complaint is as follows:
The complainants being wife and husband entered into an agreement for sale with the O.Ps. on 08.12.2018 for purchase of 1.5 Kathas of land at a consideration of Rs. 5,00,000/- on receipt of the consideration amount. As the O.Ps. did not execute the sale deed after development to the complainants, the complainants requested the O.Ps. to refund the advanced amount but of no result. The complainants lodged complaint with the Regional Office, Consumer Affairs Department and the O.Ps. appeared through their representative and agreed to refund the amount but ultimately did not refund the amount. Hence, this has been filed praying for reliefs.
The case was filed on 28.02.2020 and admitted on 16.03.2020. The O.Ps. did not turned up in spite of service of notice. Accordingly, the case is heard ex-parte.
Decision with Reasons
The complainant No. 1 submits that the complainants entered into an agreement on 08.12.2018 with the O.Ps. for purchase of 1.5 Kathas of land @3,33,333/- per Katha on payment of total consideration amount of Rs. 5,00,000/- through cheques drawn on Bank of India. It is contended that the O.Ps. agreed to execute the deed of sale within 30 months from the date of agreement for sale but the complainants intimated the O.Ps. that they were not interested to purchase the land as the O.Ps. did not develop the land in question and the complainants requested the O.Ps. to refund the advance amount. It is urged that the O.Ps. agreed to refund the amount of Rs. 5,00,000/- to the complainants through their agents from time to time but of no result. It is submitted that the O.P.s have deficiency in service and the complainants are entitled either to get the land register or to get back Rs. 5,00,000/- with interest, compensation and cost.
We have gone through the materials on record and considered the submission of the Ld. Advocate for the complainants.
It is apparent form the photocopy of the agreement for sale dated 08.12.2018 that the complainants entered into an agreement with the O.Ps. for purchase of one and half Kathas of land on payment of Rs. 5,00,000/- on certain terms and conditions. It is clear from the materials on record that the complainants intimated the O.Ps. that they intended to get back the advance amount of Rs. 5,00,000/- but the O.Ps. have not yet refunded the said amount. We also find from the agreement that the O.Ps. have not performed their part of performance in terms of the agreement. Hence, we have no hesitation to hold that the complainants are consumers and the O.Ps. have deficiency in service. We also hold that the complainants are entitled to get back their advance amount of Rs. 5,00,000/- with simple interest @ 6% p.a. w.e.f. 28.11.2018 till liquidation and compensation of Rs. 10,000/- for mental pain and agony and deficiency in service.
In the result, the complaint case succeeds.
Fees paid are corrected.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed ex-parte against the O.Ps. without cost.
The O.Ps. are directed to pay the advance amount of Rs. 5,00,000/- with simple interest @ 6% p.a. w.e.f. 28.11.2018 till liquidation and compensation of Rs. 10,000/- for mental pain and agony and deficiency in service to the complainants by 90 days from the date of this order. The O.Ps. are jointly and severally liable to comply the final order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
Dictated and corrected by me
President
