The case of the Complainant in brief is that the Complainant being an intending purchaser had entered into one Memorandum of Understanding on 29.03.2016 with the OP no. 1, the developing firm and OP no. 2, one of the directors for purchasing a flat measuring about 900 sq.ft. area with a covered car parking at “Royal Enclave” was to be constructed by the OP-developer situated at Mouza - Hatisala, Pargana Kalitala, P.S. - Kolkata Leather Complex, District-24 Parganas at a total consideration amount of Rs. 24,60,000/-. Subsequently one Agreement for Sale was executed by and between the parties on 20.08.2016. Accordingly the Complainant paid Rs. 2,50,000/- and Rs. 3,00,000/- to the OPs receiving which OPs issued money receipts. It is stated in the petition of complaint that as per Agreement dated 20.08.2016 OPs would complete the project within 36 months from the date of agreement but after passing considerable span of time  the OPs did not start construction work of the said project. It is further stated in the petition of complaint that the Complainant regularly visited the office of the OPs and came to know that the project was shifted from Hatisala to New Town, Action Area-III. The Complainant was not willing to purchase any property at the new site due to that reason Complainant applied for cancellation of booking of the flat and refund of the booking amount but till date OPs did not refund the booking amount. Hence, this case.

Complainant filed this case praying for direction upon the OPs to refund Rs. 5,50,000/- with 12% interest alongwith compensation and litigation cost.

OPs have contested this case by filing written version, denying and disputing all the material allegation levelled against them, stating that the Complainant has never approached before the executive branch of the Government for proper redressal of the grievances. OPs have further stated that they have all along been transparent with the Complainant. Accordingly OPs have prayed for dismissal of the case with cost.

Points for determination

1.Whether there is deficiency in service on the part of the OPs.

2.Whether the Complainant is entitled to get relief as prayed for.

Decision with reasons

Both  points are taken up together for comprehensive discussion

Complainant alleged that inspite of receiving booking amount OPs have shifted their project in another place for which the Complainant had to cancel the booking and prayed for refund of the booking amount but till date OPs did not refund the same. On the other hand OPs have stated that they have all along been transparent with the Complainant.

In order to prove the case the Complainant adduced relevant documentary evidence form where it appears that the complainant had entered into an agreement for sale on 20.08.2016 with the OP-developer. On perusal of the said agreement and money receipt issued by the OPs it appears that the complainant paid Rs. 5,50,000/- to the OPs.

It further appears that although the Complainant had applied for refund of paid amount on 26.11.2019, till date no refund has been made in favour of the Complainant due to that the Complainant filed this case. Though the OPs have contested this case by filing written version but they did not adduced any document.

However, from the documents it appears that OPs have promised to refund the principle amount to the Complainants within six months from the date of application. Deviation from such promise amounts to deficiency in service on the part of the OPs.

Further it appears that from the year 2019 till date the Complainant has been suffering mental pain and agony for non-refund of the paid amount and this act of the OPs compelled the Complainant to file this case. Therefore, OPs are liable to pay compensation and litigation cost to the complainant.

Both points are answered accordingly.

In the result, the petition of complaint succeeds.

Hence, it is,

Ordered

             that the complainant case being no. CC/454/2021 is allowed on contest against all the OPs with cost.

OPs are directed to refund Rs. 5,50,000/- with interest @ 9% p.a. from the date of receiving the same to the Complainant within 45 days from this date of order. OPs are further directed to pay Rs. 15,000/- towards litigation cost within the aforesaid time period failing which entire amount shall carry interest @12% p.a.

Dictated and corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER