Order-12.

Date-23/04/2015.

Complainant Sudip Sengupta by filing this complaint has submitted that complainant intended to purchase a single storied house of area 400 sq. ft. of M/s. Apni Dharti Developers Pvt. Ltd. of their project named “Amar Bhuwan” at Joinpur under Mouza- Elachi & Digle Pota, Dist- South 24 Parganas, West Bengal and the total value of the property is Rs. 19,88,398/- inclusive all and accordingly complainant from 26.09.2013 to 01.04.2014 in five installments paid Rs. 4 lakhs to the op and M/s. Apni Dharti Developers Pvt. Ltd. issued a Welcome Letter followed by a provisional allotment letter of the Plot-140 under the type-A1 of their project named “Amar Bhuwan” at Joinpur and after that they handed over the General Terms & Conditions of the agreement which is signed by both the parties and after that complainant visited number of times to their site but complainant found that there is no work or development was going on there.  While complainant enquired about the same to their office they were unable to provide any information about such project and also several times complainant visited to the site and their office but no positive response was received by the complainant.  Then complainant ultimately to refuse the amount as deposited as advance but no one replied and then complainant submitted the refund request letter to the office of the op and some several letter by Speed Post with A/D.  But no one responded against the complainant’s request and demand and other time he visited the office and they harassed the complainant, wasted time of the complainant giving no concreate result about the fate of the allotment or about the refund of the said amount.  But it was stated by the op that if complainant wants to get money back, complainant shall have to wait two or three years more or less or find another new customer who will be interested to buy house in their projects, then only they can refund money of the complainant.

          Considering the above conduct of the op and deceitful manner of service including negligence and deficient manner of service, complainant has filed this prayer including compensation and litigation cost.

          Fact remains that the notice of this complaint through this Forum was sent by Speed Post to the op and op received the same on 21.02.2015 which is evident from the Postal Internet result.  But peculiar factor is that op’s Ld. Lawyer appeared on 19.02.2015 and prayed for time for filing written version and Vokalatnama and thereafter further prayed for time to file written version on 27.02.2015 and after that op did not take any step and for which ultimately the case is heard exparte.

                                                      Decision with reasons

          On careful consideration of the complaint including the document as filed by the complainant, it is clear that complainant intended to purchase a flat and thereafter as per negotiation with the op, complainant deposited Rs. 4 lakhs to the op and op issued receipt and thereafter op sent a letter of provisional allotment of the plot-140 under the type A-1 named as “Amar Bhuwan” at Jainpur and after that the General Terms and Conditions of the Agreement was signed by both the parties.  But ultimately complainant visited the place and found that no construction work was started and no progress was found when complainant was completely frustrated and ultimately submitted cancellation of booking of Plot-140 on 05.12.2014.  But op did not pay any heed to that and did not refund the same or did not give any such document to the complainant which may satisfy the complainant that complainant has to get back on payment of balance amount.

          Most interesting factor is that provisional allotment of Plot-140 under type A-1 in the project “Amar Bhuwan” at Jainpur was issued by the op in favour of the complainant on 12.12.2013.  Thereafter Agreement was executed and that Agreement was also filed by the complainant including the said allotment letter wherefrom we have gathered that there was a contract in between the complainant and op and no doubt as advance complainant deposited Rs. 4 lakhs. 

          But truth is that op has not constructed any flat or house or anything within the said plot.  It is also proved that ultimately complainant being frustrated prayed for cancellation of the said allotment and prayed for refund of money of Rs. 4 lakhs.  But the op did not respond and practically the op violated the terms and conditions of the policy and also deceived the complainant in such a manner that complainant has no other alternative to appear before this Forum for redressal.

          Relying upon the unchallenged testimony of the complainant, including the document as filed by the complainant, we are convinced to hold that complainant has proved beyond any manner of doubt that he has been deceived by the op and op has already received the advance amount of Rs. 4 lakhs.  But agreement has not been implemented and considering the ultimate non-appearance of the op and not filing written version and for not challenging the testimony of the case by the op, we are convinced that op has no option in their defence for which ultimately they did not file the written version, though Ld. Lawyer of the op appeared and prayed for time.  All those factors have given this Forum to believe that the present op is nothing but a concern who is in the market to deceive the customer in such a manner and in the present case, it is no doubt proved that the complainant is deceived by the op and in the eye of law op is bound to pay Rs. 4 lakhs along with compensation of Rs. 1,00,000/- in view of the fact the said amount by using that amount, op has acquired interest/profit by investing to some other place.  So, invariably op shall have to pay compensation along with advance amount of Rs. 4,00,000/- to the complainant.

          Further it is also proved that complainant has been harassed since 26.09.2013 to 01.04.2014, complainant paid Rs. 4,00,000/- by five installment for the purpose of purchasing a flat for their own.  No doubt complainant spent huge money for getting relief by filing this complaint ultimately.  So, he is also entitled to get litigation cost from the op.

          In the light of above observation the complaint succeeds.

          Hence, it is

                                                               ORDERED

          That the complaint be and the same is allowed exparte against the op with cost of Rs. 10,000/-.

          Op is hereby directed to refund a sum of Rs. 4,00,000/- (advance amount) and also compensation of Rs. 1,00,000/- that is total Rs. 5,00,000/- including litigation cost of Rs. 10,000/- to the complainant within one month from the date of this order failing which after expiry of the said stipulated period, op shall have to pay penal damages  at the rateRs. 3,000/- per month till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Op is directed to comply the order of this Forum failing which for non-compliance of the Forum’s order, penal proceeding u/s 27 of the C.P. Act 1986 shall be started against them.