Filed on 10.11.2017

Judgment : Dt.27.2.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of   C.P.Act, 1986 by Asoke Taru Sain alleging deficiency in service on the part of the opposite parties namely (1) C-21 Advisory Services Pvt. Ltd. and (2) Nestwood Estates Private Ltd.

            Case of the Complainant in brief is that the Complainant booked an apartment in Nestwood Maple, a housing project (OP No.2 herein) run by Nestwood Estate Private Limited who engaged S.S. Consultancy as their marketing agent and the said consultancy further engaged Century 21 Advisory Services Pvt. Ltd. (OP No.1 herein) for marketing the project. The Complainant stated that on 18.01.2017 he booked an apartment in the said project having area of 898 sq.ft. @ Rs.1,925/- per sq.ft. and thus paid an amount of Rs.2,67,300/- to the OP No.1. The Complainant has further stated that at the point of time of booking of the said apartment two representatives of the OP No.1 namely, Mr. Manoj Senapati and Mr. Tushar Naskar asked him to pay a further amount of Rs.25,000/- for the purpose of documentation and the Complainant paid the said amount accordingly by cheque bearing No.056783 dt.18.01.2017 drawn on Bank of Maharashtra. However, subsequently the Complainant enquired about the said deposited sum of Rs.25,000/- to the OP No.2 Pvt.Ltd. Co and was informed that no excess amount other than booking amount was required to pay. Having been informed such by the Developer Pvt. Ltd. Co. the Complainant made attempt to contact the men of the OPs No.1 over telephone but could not do so. The Complainant has filed a complaint with the A.D.CA & FBP but the same yielded no fruitful result. Hence, the Complainant has filed this complaint praying for direction upon the OP No.1 to refund Rs.25,000/- which they received in excess.

            Notices were served but the OPs did not turn up so the case was fixed for ex-parte hearing vide Order No.5 dt.18.1.2018.

Decision with reasons

            The Complainant has annexed photocopies of some documents including money receipt issued by the OP No.2 wherefrom it is evident that an amount of Rs.2,67,311/- was received by the Nestwood Maple towards booking amount of Apartment No.2, 2^nd floor in Tower No.13 at Nestwood Maple at Rajarhat paid by Sri Asok Toru Sain and Smt. Papri Sain. Since the booking amount was paid by the Complainant along with one Papri Sain, the Complainant alone cannot seek relief in relation to that booking. It is evident that the instant Consumer Complaint suffers from non-joinder of the necessary party and hence is not entertainable.

            In the result, the Consumer Complaint does not succeeds.

            Hence,

ordered

            That the CC/637/2017 is dismissed ex-parte but without any order as to cost.