DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 291/2022
Date of Filing Date of Admission Date of Disposal
14.09.2022 21.09.2022 28.06.2023
Complainant/s:- | Chiranjib Kumar Dey, S/o. Late G.L. Dey, Presently resident of Flat-IB, 1st floor, Bhagabati Apartment, Neelachal, Khardah, P.O. B.D. Sopan, P.S. Khardah, Kolkata-700116. = Vs= |
Opposite Party/s: | 1.Dharitri Infrventure Pvt. Ltd, DN-51, Marlin Infinity, 6th Floor, Suite606, Sector-V, Salt Lake City, Kolkata-700091, P.O. Bidhan Nagar Sech Bhabon, P.S. Bidhan Nagar. 2. Sri Suman Jana, Rupnarayan Pally, Vill- Barbarisha,, P.O. and P.S. Kolaghat, Dist- East Medinipore, Pin-721134 being the director. 3. Dipanwita Smanta, Vill- Kouchandi, P.O. Amalhamda, P. S. Kolaghat, Dist- East Medinipure, Pin- 721134 being the director. |
P R E S E N T :- Smt. Manisha Shaw……………Member.
:- Sri. Abhijit Basu………………. Member.
Judgment / Final Order
The complainant filed a complaint u/s- 35 of the Consumer Protection Act, 2019.
The brief facts of the case is complainant booked a flat measuring about 450 Sq.ft Mouza- Hatisala, under Rajarhat Gopalpur Municipality, now under Bidhannagar Corporation, Dist- North 24 Parganas in the project named ‘Royal Enclave Project’ of opposite parties. O.P. No.1 issued receipt for receiving cheque of Rs. 50,000/- on 29.08.2015 being cheque No.841951 dated 18.08.2015. The said flat was named as ‘Damayanti-4, 2nd floor (S.E) at the said issued receipt of O.P. No.1at the said project. In the month of January, 2016 O.P. sent a letter to the complainant to pay rest of amount out of 20% of total B.S.P. Thereafter on 24.02.2018 the O.P informed the complainant that the said project at Hatisala has been hampered by Government issues and therefore progress of the project has been delayed. The O.P offered to the complainant and gave an alternative option. The complainant was not accepted the said alternative proposal and he went of several occasions at the office of the O.Ps but they did not received the letter. Lastly complainant sent a legal notice through Advocate onn 24.08.2021 to the opposite parties but in
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C.C. No. 291/2022
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vain. Compelling circumstances the complainant filed this complaint. Notices were served upon the opposite parties but the opposite parties feel any urge to appear before this commission. Therefore this case heard exparte.
Schedule of Flat
One BHK flat measuring about 450 Sq.ft area on the 2nd floor within the project namely ‘Royal Enclave’ at Rajarhat, Rajarhat Municipality, Mouza-Hatisala, Dist- North 24 Parganas.
Issue raised for deliver of Judgment
- Whether the case is maintainable or not?
- Whether the complainant is entitled to get relief or reliefs or not?
Reasons for Judgment
Considering the facts and circumstances of the case as well as nature and character of the case all the points are interlinked with each other, hence all the points are taken up together.
Complainant booked a flat and paid Rs. 50,000/- for purchase the said flat but the opposite parties could not start the project and failed to develop the said project. The opposite parties offered the complainant one alternative option. Though it is the choice of the complainant whether he will take alternative option or not. As and when the opposite parties offered alternative option from that moment the opposite parties failed and neglected his service. In the instant case complainant is a consumer and opposite parties are service provider. The opposite parties failed to develop the project as agreed therefore the opposite parties are liable for deficiency in service. Complainant proves his case and it is within the pecuniary and territorial jurisdiction of this commission. Therefore, this commission has ample power to try this case. The complainant is prove his case so he is entitled to get relief as prayed.
Hence,
it is ordered,
that the case being No. C.C. 291/2022 be and the same is allowed and heard exparty.
It is hereby directed the opposite parties to return Rs. 50,000/-to the complainant with 9% interest from the date of receipt till realization within two months from the date of delivery of judgment.
Failing which the complainant has liberty to file execution case as per law.
Let the pain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me.
Member
Member Member
