This is a complaint made by one Sri Asit Kumar Dutta son of Late Ajit Chandra Dutta residing at 3/216 Rabindra Nagar, Behala, Kolkata-700 060 against D. K. Infra Project (India) Limited having its office at 423D, Motilal Gupta Road, P. S. Behala,Kolkata-700 082 and D. K. Infra Project (India) Limited having its office at 617A, D. H. Road, Kaadamtala Bazar, P. S. Behala, Kolkata-700 063 praying for refund of Rs.1,00,000/- alternately to direct the OP to construct the flat and to execute and register the Deed of Conveyance in favour of the Complainant and direction upon the OP to pay compensation of Rs.2,00,000/- for mental agony and harassment and Rs.50,000/- as litigation cost.
Facts, in brief, are that Complainant was in search of a suitable residential flat learnt from the agent of OP and submitted an application with the OP for purchasing a flat after paying Rs.1,00,000/- on 15/04/2014 out of total consideration money of Rs.10,48,900/-. Rest of the consideration money was to be paid by the Complainant to the OP from time to time as per schedule agreed between them.
Complainant requested to the OP to execute the agreement for sale and OP assured that it will be done. Again Complainant requested to start the construction so that he could get his flat but Complainant saw no construction is being started. Thereafter, Complainant asked for the money which he had paid as booking money but OP did not take any step. So Complainant filed this case.
OP filed written version stating that Complainant is not a consumer because there was no privity of contract between the parties. Further he has stated that out of Rs.10,48,400/- only Rs.1,00,000/- has been paid. In addition OP has stated that allegation filed by the Complainant is contradictory to each other. In the circumstances, OP has prayed for dismissal of this case.
Decision with reasons
Complainant filed affidavit-in-chief wherein he reiterated the facts mentioned in the complaint petition. Against this OP filed a questionnaire to which Complainant has filed reply on affidavit. OP has also filed evidence on affidavit. Written argument has also been filed by the Complainant and OP.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
First prayer of the Complainant is that direction upon the OP for construction, handing over the possession and also registration of the Deed of Conveyance. Alternatively, refund of Rs.1,00,000/- which Complainant has paid as booking money.
On perusal of the Annexure filed by the Complainant it appears that Xerox copy of the money receipt is filed which reveals that Complainant has paid Rs.1,00,000/-. Further, it appears that schedule of payment list is also filed. Brochure of D. K. Infra Projects (India) Ltd. has been filed to establish that D. K. Infra Projects (India) Ltd is engaged in construction and development and issue Brochure for attracting the citizens. Finally, OP failed to construct this project.
This fact has been stated in affidavit-in-chief and argument also and as such it is clear that Complainant is entitled to refund of his money.
Further, Complainant has paid compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-.
There is no detail mention in the complaint regarding the suffering except the fact that Complainant approach OP on several occasions for making construction and finally for refund of the money. Such act of Complainant of course reflected the mental agony and suffering by the OP.
In the circumstances, Complainant appears to be entitled for compensation of Rs.30,000/- and also litigation cost of Rs.20,000/-.
Hence,
O R D E R E D
CC/149/2016 and the same is allowed on contest in part.
OPs are directed to refund Rs.1,00,000/- within two months of this order, in default, the amount shall carry interest @12% p.a. from the date of this order. In addition OP is directed to pay Rs.30,000/- as compensation and Rs.20,000/- as litigation cost within this period, in default, the amount shall carry interest @12% p.a. from the date of this order.
