Date of filing :16.01.2019

Judgment : Dt.6.9.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sri Dipankar Sinha alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) BGA Realtors and (2) Sri Rajib Ghosh.

            Complainant’s case, in short, is that he entered into an agreement with the OPs on 11.5.2014 to purchase a self-contained flat being No.2A on the 2^nd floor, Building B, Block No.10 of a newly constructed building measuring about 305 sq.ft. built up area equivalent to 380 sq.ft. super built up area at “Amrita Alayam” Complex at Mouza – Ranidanga, within the limits of Gossaipur Gram Panchayet, P.S.- Naxalbari, Dist.-Darjeeling, at a total consideration of Rs.6,00,000/-. Complainant paid Rs.20,000/- at the time of booking and thereafter on the date of agreement he paid Rs.1,60,000/- and subsequently by way of installments as per terms and conditions, the total consideration of Rs.6,00,000/- has been paid by the Complainant. As per terms of the agreement, OP was to handover the possession and execute and register the sale deed in favour of the Complainant by December, 2015. But the OPs have neither handed over the possession nor have executed the sale deed in favour of the Complainant in respect of the said flat. So, a notice dt.21.5.2018 was sent by the Complainant through his Ld. Advocate, but all in vain. So, the present complaint has been filed by the Complainant praying to direct the OPs to handover the possession of the flat described in the schedule and to execute and register the deed of conveyance in his favour or in alternatively, to refund the money already paid along with interest @ 18% p.a., along with compensation of Rs.3,00,000/-, damages of Rs.1,00,000/- and also to pay litigation cost of Rs.25,000/-.

            Complainant has annexed with the complaint petition, copy of the agreement entered into between the parties, several receipts showing payment of the money towards consideration price and copy of the demand notice dt.21.5.2018.

            At the time of hearing of the argument, Complainant has also filed the originals of those documents.

            On perusal of the record, it appears that notice was sent, but, in spite of service, the OPs did not take any step. So, vide order dt.9.4.2018, the case came up for ex-parte hearing.

            So, the only point requires determination is whether the Complainant is entitled to the reliefs as prayed.

            Decision with reason

            In support of his claim, Complainant has filed agreement dt.11.5.2014, wherefrom it appears OP firm namely BGA Realtors being represented by its partner namely Rajib Ghosh, agreed to sale a flat described in the 2^nd schedule in the agreement at a total consideration of Rs.6,00,000/-. As per the terms of agreement stated  in Part-III of the 2^nd schedule, flat was agreed to be handed over within 36 months from the completion of foundation work with a grace period of six months. Several receipts have been filed by the Complainant, wherefrom it appears that he has paid the entire consideration price of Rs.6,00,000/-. Since, according to the Complainant, in spite of making payment of the consideration price as agreed, OPs have not delivered the possession of the flat, nor have executed the deed of conveyance and also the money paid by him has not been refunded, Complainant is entitled to the relief as prayed in this regard, especially when before this Forum no contrary material is forthcoming in order to counter or rebut the claim of the Complainant.

            Hence it is

                                       ordered

            CC/25/2019 is allowed ex-parte. OPs are directed to hand over the possession of the flat as per agreement and execute the deed of conveyance in favour of the Complainant within three months from the date of this order. They are further directed to pay compensation of Rs.60,000/- within the aforesaid period, as the Complainant will have to bear the cost of registration as per the present market value.

            OR alternatively, OPs are directed to refund Rs.6,00,000/- paid by the Complainant along with interest @ 18% p.a. from the date of payment of the said sum, to till this date within the period of three months, failing which the entire sum shall carry interest @ 12% till its realization.