Order-11.

Date-15/12/2015.

In this complaint Complainant Upendra Prasad Gupta by filing this complaint u/s 12 of C.P. Act 1986 with the prayer mentioned in the petition of complaint.

Brief fact of the case is that being attracted by the advertisement of ops the complainant was intended to purchase a flat at Baruipur being flat No. A4/1/C Super Built up are 660 sq. ft. containing two bed rooms with dining space, two toilets, one kitchen and a balcony from the ops (developer) for a total consideration of Rs. 11,57,730/- against that flat and as such the complainant entered into an agreement with the ops and as per agreement the complainant has paid 50 percent of total value of the flat in question that is Rs. 5,78,865/- to the ops by 3 installments through cheques dated on 24.09.2013, 05.10.2013 and 08.10.2013.

Subsequently the complainant came to know on a visit of the proposed construction spot with his brother, that no such construction work has been started rather came to know from the local people that the very land is disputed one for which the construction could not be made.In the above situation the complainant visited the office of the op for withdrawal the entire paid amount as advance but the ops did not pay any heed and for this act of the ops, complainant has been suffering both physical and mental harassment and also monetary loss. As such finding no other alternative, the complainant appeared before this Forum for getting relief as per his prayer.

Inspite of services of notices, the ops have not appeared or contested this case as such the case is heard exparte against the ops.

Decision with reasons

On proper evaluation of the materials on record and also considering the complaint and the materials as produced by the complainant in exparte hearing including bank statement, advance payment receipt, copy of agreement to sale, we have gathered that for construction of the flats, complainant intended to purchase one flat and entered into agreement for purchasing the said flat at Baruipur under PI Scheme from the ops and paid 50 percent of total purchase price of Rs. 5,78,865/- by cheques dated 24.09.2013, 05.10.2013 and 08.10.2013 and it was assured by the op that complainant shall have to get that flat within 36 months of the date of obtaining the plan and within 15 days of the completion of the said construction, developer shall have to give notice to the purchaser calling to execute the deed of convenience in favour of the purchasers and developer shall handover the khas possession of the flat to the purchaser (complainant).

In fact that agreement was executed finally on 08.10.2013.But it is proved that no construction has been started but from the market this op company closed their business and all establishments and fled away by deceiving all the customers who deposited money for purchasing the flat and now they are well known cheat company Vibgyore groups whose Directors are in the jail custody being arrested by the Enforcement Directorate, Govt. of India and that simply proves that the complainant had been not only deceived by the op but at the same time he lost huge amount but got nothing, except harassment, mental pain, sufferings and also day to day he has been losing the interest of the said amount what he deposited for the purpose of executing the Agreement for Sale to the ops.

It is most interesting factor is that the company is big a company, they have collected crores of rupees and that amount would be one thousand crores.But they have closed their establishments and they are loitering here and there by converting money to some other business and are not contesting the case, that is only their business tactics for which Enforcement Directorate has taken such step to save the interest of the people/customers, but they cannot give any relief to the customers if their properties are not ceased or sold for collection of money to pay the same to the customers who have lost huge money for their deceitful manner of trade and in the present case the unfair trade practice is found adopted by the op beyond any manner of doubt.

If for the sake of the argument if it is accepted that there was some dispute regarding the land upon which the construction would be made, in that case, op as honest business man must have to refund the said amount to the complainant, but that has not been done.But in lieu of that they fled away from the market cheating the customer at large.So, the overact of the ops has caused the trouble, pain, suffering, harassment in so many manners for which we are inclined to hold that complainant has been able to prove all the allegations against the ops including their negligent and deficientmanner of service, their deceitful manner of trade and adopting unfair trade practice in this regard for which this complaint succeeds exparte.

Hence, it is

Ordered,

That the complaint be and the same is allowed on exparte with cost of Rs. 10,000/- against the ops.

Ops are jointly and severally directed to pay the entire amount of Rs. 5,78,865/- with 9 percent interest p.a. calculated from the date of 08.10.2013 within one month from the date of this order till full satisfaction of the decretal amount.

Ops are further directed to pay Rs. 25,000/- as penal damages to this Forum for deceitful manner of trade and deceiving the complainant and also for adopting unfair trade practice.

If it is found that ops are reluctant to comply the order, in that case, penal action u/s 25 read with Section 27 of C.P. Act, 1986 shall be started against the ops for which further penalty and fine shall be imposed upon ops.