Dated : 30 May 2023

HON’BLE SUDIP NIYOGI               PRESIDENT

FACTS

            The fact of the instant complaint, in short, is that complainants had entered into a lease agreement dated 30/12/2019 with the opposite parties for taking lease of the “B” schedule flat at a price of Rs.34,00,000/- and in terms of the said agreement, complainants paid Rs.8,50,000/- as part payment and opposite party No. 5 accepted the said amount through cheque. According to the complainants, out of the said amount, Rs.7,00,000/- was paid from the account of his wife- Madhumita Sanyal, Rs.1,00,000/- was paid from the account of his father- Jitesh Sanyal and Rs.50,000/- was from the account of his son- Nilanjan Sanyal. The said schedule property is situated at “A” schedule property which was to be constructed by opposite party Nos. 1 to 7 following a development agreement entered into by them with the landlords who are opposite party Nos. 8 to 11. A copy of the said development agreement was also handed over to the complainants. However, no sanctioned plan was shown to them by the developers, nor they found any progress in the matter of construction of the said building and thereafter, on 21/12/2020, complainants issued a letter to opposite party No. 5 demanding refund of the said entire money paid by them. But as nothing was done by the opposite parties/developers, the complainants issued a demand notice through their Advocate on 24/02/2022. But the opposite parties neglected and refused to comply with the requirements of the said notice. So, complainants filed this instant complaint praying for refund of the entire amount of Rs.8,50,000/- from the opposite parties along with interest, compensation and cost of litigation etc.

            Opposite parties did not appear and so, the instant complaint was heard ex parte against them.

            Complainants submitted their evidence on affidavit, produced several documents and also filed brief notes of argument.

            The point for consideration is if the complainants are entitled to the relief(s) as prayed for.

FINDINGS

            The photo copy of the documents produced by the complainants revealed there was a memorandum of agreement between opposite party Nos. 8 to 11 as first party-owners and opposite party Nos. 1 to 6 as the second party- developers by which the said developers agreed to raise on G+3 storied building on the “A” schedule land after obtaining one sanctioned building plan from the concerned authority. The deed of lease dated 30^th December, 2019 was entered into between the complainants and opposite party No. 5 who is said to the Director of opposite party No. 7-ALHIDAYAH REALTY PVT. LTD. by which the complainants agreed to take lease of the “B” schedule flat on certain terms and conditions. Complainants also filed the photo copies of the transactions showing payment of the said amount of Rs.8,50,000/- which is part of the consideration. Complainants also produced letters issued by them to opposite party No. 5 and other opposite parties requesting them to refund the

 said amount paid by them for their said flat.

            The opposite parties did not contest the case by entering appearance and filing written version and evidence. The evidence and documents of the complainants revealed that they had intended for service of opposite party Nos. 1 to 7 for the purpose of getting the flat on lease and paid a substantial amount of Rs.8,50,000/-. But they could not get neither the flat, nor get back the money. So, complainants are entitled to get refund of the amount of Rs.8,50,000/- from opposite party Nos. 1 to 7 who are the developers with interest @9% p.a. This apart, complainants are entitled to get Rs.3000/- towards cost of litigation.

Accordingly, it is

ORDERED

That the instant complaint be and the same is allowed ex parte against all the opposite parties.

Opposite party Nos. 1 to 7 are directed to pay Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand Only) along with interest @9% p.a. and also to pay Rs.3,000/- (Rupees Three Thousand Only) towards cost of litigation to the complainants.

Opposite party Nos. 1 to 7 are jointly or severally liable to comply with the aforesaid order within 45 days from the date of this order. If the aforesaid order is not complied with by the said opposite parties within the stipulated time as stated, the complainants shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

            President