Judgment : Dt.9.1.2018

Shri S. K. Verma, President.

            This is a complaint made by one Tapan Chakraborty, son of Vivekananda Chakraborty, of 18, S.N.Chatterjee Road, P.S.-Behala, Kolkata-700 034 against C21 Advisory Service Private Ltd., OP No.1, Kaushik Das, Founder and Director of  C21 Advisory Service Private Ltd., OP No.2, Suman Saha, Sr. Property Advisor of C21 Advisory Service Private Ltd., OP No.3, Shuvankar Chakraborty, Manager Property Advisor of C21 Advisory Service Private Ltd., OP No.4, Bappa Naskar, Senior Property Advisor, C21 Advisory Service Private Ltd., OP No.5 – all of 32S, Ground floor, Block B, New Alipore, P.S.-New Alipore, Kolkata-700 053 and Dakshini Green City Projects Private Ltd., Khariberia, Bishnupur, 24 Parganas (South), OP No.6 praying for a direction upon the O.P. No.1 to 6 to handover physical possession of the flat mentioned in the schedule and direction upon OPs to execute deed of conveyance in respect of the flat and direction upon OPs to refund Rs.1,75,000/- and Rs.1,00,000/- extra money to be paid for registration and Rs.2,00,000/- as compensation and 9% interest on the sum of Rs.1,75,000/- paid by the Complainant and Rs.50,000/- as litigation cost.

            Facts in brief are OP No.1 is marketing agent of Dakshini Green City project on Diamond Harbour Road, near Joka Metro. OP No.2 is the Founder and Director of OP No.1. OP No.3 to 5 are connected to sales Dept. of OP No.2. OP No.2 advertised Dakshini Green City Project and Complainant expressed his intention to purchase a flat there. OP Nos.3 to 5 assured Complainant that the Project would be completed in time. Complainant paid initial booking money and Rs.1,25,000/- and also paid Rs.50,000/- as service fee, document fee etc. After payment of Rs.1,75,000/- Complainant did not receive any update on the Project. Complainant himself visited the site and found that no work was done. OPs agreed to return the booking money partially through cash and partially through cheque. They also issued 2 cheques in favour of the Complainant drawn on Axis Bank, New Alipore signed by OP No.3. Cheques were presented before the Bank but returned with endorsement insufficient fund. Complainant received a phone call from the office of OP No.1 and came to know that another cheque has been issued, which will not be dishonoured and promised to pay extra Rs.50,000/-. OP issued one cheque of Rs.2,25,000/- which was also dishonoured. Complainant issued notice but OPs did not pay the money. So, the Complainant filed this case.

            OP did not contest the case by filing written version. So, the case was heard ex-parte.

Decision with reasons

            Complainant filed petition for treating the petition of complaint as evidence and the prayer was allowed.

            Main points for determination is whether the Complainant is entitled to the relief as prayed for.

            On perusal of prayer portion, it appears that Complainant has prayed for handing over possession and registration of the flat in his favour, which is not possible because Complainant only paid Rs.1,75,000/- to the OPs.

            2^nd prayer is refund of Rs.1,75,000/- which Complainant has paid as booking money. In this regard, it appears that Xerox copy of receipt is filed, which reveals that Complainant paid Rs.50,000/- on 18.1.2016. It also appears that OPs have issued cheque of Rs.2,25,000/- which was returned on the reason insufficient fund. So, the allegation of the Complainant appears to be true. He has paid the booking money. So, the Complainant is entitled to get refund of Rs.1,75,000/-. Complainant has sought for Rs.1,00,000/- for extra stamp duty which does not appear justified because question of registration of flat does not arise because project did not develop at all. Complainant has also prayed for compensation of Rs.2,00,000/- and interest @ 9% p.a. on Rs.1,75,000/- and litigation cost of Rs.50,000/-. These amounts do not appear to be justified because the project did not develop and the OP did not contest the case. Since the Complainant has only paid booking money he has only entitled to get that booking money back.

            Hence,

ordered

            CC/406/2017 and the same is allowed ex-parte in part. OPs are directed to refund Rs.1,75,000/- to the Complainant within two months of this order.