| Additional Consumer Disputes Redressal Commission, Rajarhat (New Town ) | | Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor | | Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161 |
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| Complaint Case No. CC/149/2020 | | ( Date of Filing : 12 Mar 2020 ) |
| | | | 1. Pinaki Deb | | 9D, Prannath Pandit Street , Kolkata-700025, P.S- Bhowanipur, |
| ...........Complainant(s) | |
| Versus | | 1. Arnab Roy (MD)Usashi Realstates Pvt. Ltd. | | 86,Golaghata, VIP Road , Ganga, Apartment, KOlkata-700048, P.S- Lake Town. | | 2. Buddhadav Das ( Director) , Usashi Realstates Pvt Ltd. | | 86,Golaghata, VIP Road , Ganga, Apartment, KOlkata-700048, P.S- Lake Town. | | 3. Ratna Roy ( Director) Usashi Realstates Pvt Ltd. | | 86,Golaghata, VIP Road , Ganga, Apartment, KOlkata-700048, P.S- Lake Town. | | 4. S.K Patra (Signing Authority), USashi Realstates Pvt. Ltd. | | 86,Golaghata, VIP Road , Ganga, Apartment, KOlkata-700048, P.S- Lake Town. | | 5. Ranjan Panda ( Refund Representative) Usashi Realstates Pvt. Ltd. | | 86,Golaghata, VIP Road , Ganga, Apartment, KOlkata-700048, P.S- Lake Town. |
| ............Opp.Party(s) |
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| BEFORE: | | | | HON'BLE MR. Lakshmi Kanta Das PRESIDENT | | | HON'BLE MRS. Silpi Majumder MEMBER | |
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| PRESENT: | In-person/, Advocate for the Complainant 1 | | | |
| Dated : 05 Apr 2021 |
| Final Order / Judgement | - This is a Complaint filed on 12.03.2020 under Section 12 of the CP Act by Mr. Pinaki Deb against Usashi Real Estate Pvt. Ltd. and its officials.
- It is the case of the complainant that the Ops launched a housing project in the name of Usashi Prince Town Platinum in Rajarhat, New Town and the complainant booked a flat in that housing project by advancing Rs. 4,00,000/-. But the work for the said housing project did not begin, for which the complainant approached the Op for refund. Only 25,000/- was refunded out of Rs. 4,00,000/- . On 20.11.2019 and neglected to refund the balance amount of Rs. 3,75,000/-. This is why he has filed this case.
- The Ops have not contested the case by filing WV for which this case has been heard ex parte.
- The only point which need to be decided in this case is whether the complainant is entitled to get back Rs. 3,75,000/- from the Ops or not.
- From the material on record it is found that Rs. 4,00,000/- was advanced by the complainant to the Ops for a 2bhk flat in the proposed Usashi Prince Town Platinum housing complex. It is also apparent that Rs. 25,000/- was refunded on 20.11.2019 by the Op. It is our common knowledge that ‘Usashi Prince Town Platinum’ never saw the light of the day and the prospective buyers are running from pillars to post for getting back the money invested. There is nothing on record to show that Rs. 3,75,000/- was refunded after 20.11.2019 although on 02.07.2019, the developers asked the complainant to get in touch with the Ops representative for getting refund of Rs. 4 Lac (vide letter dt. 02.07.2019).
- Obviously, balance amount of Rs. 3,75,000/- has not been refunded as yet for which we think that there should be an order directing the Ops for payment of the same within interest and compensation.
- Hence it I ordered, that the Ops will pay Rs. 3,75,000/- to the Complainant with interest @ 9% p.a. from the date of payment till realization within 3 months hence. They are also directed to pay a sum of Rs. 1,00,000/- with 3 months failing which an amount will accrue interest @ 9% p.a.
Let plain copy be given to the parties free of cost as per CPR. Dictated and corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
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| | | [HON'BLE MR. Lakshmi Kanta Das] | PRESIDENT
| | | | | | [HON'BLE MRS. Silpi Majumder] | MEMBER
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