Briefly stated complainant case is that Opposite Party is engaged in the business of Real Estate Development.
Upon information through the representative of OP about a project to be launched as a housing project namely ‘UNIVERSIA’ and OP would provide thereat premium residential group housing complex having best of futuristic amenities. Believing upon such representation and assurance of the representative of the OP complainant booked an apartment by applying through an application for allotment and OP issued accordingly a letter of allotment dated 14.07.2017 in favour of complainant and complainant was allotted P-11, on the 8th floor, Block-2, Flat type-C, measuring about a total super built up area of 650 sq.ft. and consideration price was fixed for allotted unit was Rs.27,00,000/-only. Accordingly complainant paid an amount of Rs.5, 20,000/-only by cheque to OP as advance amount and OP issued money receipt thereof.
Now, complainant alleges that after a substantial delay on the part of OP to hand over the apartment in question to complainant, he (complainant) sent a letter to OP for refund of advance money of Rs.5,20,000/-only on 15.03.2018 asking to pay within 7 days from the date of receipt of the said letter. Then on 05.10.2018 OP sent confirmation of a refund process through e-mail to complainant with a request to visit its registered office on 28.10.2018 to collect the refund amount. Thereafter on 06.10.2018 complainant sent an e-mail to OP for information on the proposal of wire transfer as well as issuance of cheque. And a reply was sent by the OP on the same date to complainant at 01.11pm stating that two post dated cheque would be provided on 28.10.2018 for the amount requested for refund and the OP would transfer part payment through NEFT to the complainant and thereby asked complainant to furnish his bank details for the same. Complainant further states that an application of refund was sent to OP by complainant on 14.11.2018 attaching the application receipt dated 21.03.2018 for the refund of advance money of Rs.5,20,000/-only paid by the complainant. Thereafter on 26.07.2019 complainant sent an application to the OP where in the covering letter of application of refund was duly received by the OP.
Complainant further alleges that though thereafter complainant had sent legal notice dated 13.09.2019 calling upon OP to refund the entire principal amount along with 18% interest from the date paid, but even after receiving the same OP refrained from issuing any reply or paid the principal amount along with interest. Complainant alleges also that OP has a clear motive to dupe him (complainant) and OP has deliberately circled around whenever complainant enquired for refund of amount and thereby OP deliberately breached their obligations stipulated in the agreement by usurping huge amount of money. Complainant further alleges that he made complaint before West Bengal Housing Industry Regulatory Authorities on 12.03.2020, but order of Hon’ble Supreme Court by its judgment dated 04.05.2021 in Forum for People’s Collective Effort (FPCE) and another vs. The State of West Bengal and another declared West Bengal Housing Industry Regulation act, 2017 to be unconstitutional.
Complainant further states that he approached WBHIRA for adjudication way back in the year 2019 but, complainant had the option of approaching this Commission, however, in order to avoid multiplicity of proceedings within two years from the date of cause of action during pendency of complaint before WBHIRA complainant preferred the instant case.
Complainant also states that as WBHIRA has lost its authority pursuant to the said decision of the Hon’ble Supreme Court and the fate of complaint case filed before the authority (WBHIRA) has become uncertain and he has been rendered remedy less. Complainant also states that after the WBHIRA lost its authority pursuant to the said decision of Hon’ble Supreme Court the cause of action now arises on May 05, 2021 and therefore, the instant complaint is within the limitation period as prescribed u/s 69 of the C.P. Act, 2019. Complainant further states that for redressal of the complainant he has bona fide grievances. Complainant also states that non compliance of bona fide claim of the complainant by the OP by itself shows deficiency in service under the C.P. Act, 2019.
Ultimately complainant filed this instant case praying for following reliefs:-
- An order directing OP to refund the entire amount of Rs. 5,20,000/-only along with 18% interest from the date of allotment till the date of its actual realization.
- An order for passing such further order/orders as this Commission may deemed fit and proper.
POINT FOR DECISION
Is the complainant entitled to get reliefs as prayed for?
DECISION WITH REASONS
To prove his case complainant has tendered written examination in chief supported by evidence on affidavit and he has also filed photocopies of relevant documents in support of his case.
This Commission has gone through the same of the evidence of the complainant and the documents filed by him.
It appears that in his evidence, complainant has fully corroborated his case as depicted in the petition of complaint and the documents filed by him have also supported his case. So, in view of the said evidence of the complainant and the documents filed by him remaining unchallenged, it is held that instant complainant case has been proved and complainant is entitled to relief as prayed for.
Hence, it is,
Ordered
That the instant case being no.CC/219/2021 is allowed ex parte against the OP with cost.
OP is directed to pay Rs. 5, 20,000/-only to the complainant along with an interest @8% per annum from the date of allotment provided by the OPs i.e. 14.07.2017 till realization of full amount.
OP is further directed to pay to the complainant Rs. 50,000/-only towards compensation in respect of harassment and mental agony.
OP is further directed to pay to the complainant a sum of Rs.10, 000/-only to the complainant towards litigation cost.
All the aforementioned payments should be paid by the OP to the complainant within 2 months from the date of this order.
Let plain copy of this order be supplied to the parties free of cost.
Dictated and Corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
