Dated : 4 Aug, 2022

HON’BLE MR. SUDIP NIYOGI,                               PRESIDENT

Judgement

FACTS

        This case arises out of an application u/s 35 of the Consumer Protection Act, 2019.

Briefly stated, the case of the complainant is that on being convinced the complainant agreed to buy a plot of land under the name and style of “SHANTINIKETAN” being Plot No. F-208 under R.S & L.R Dag No. 1421, L.R Khatian No.609, Mouja- Tegachi, Mamudpur, J.L No. 22 within P.S.- Baruipur in the District of South 24 Parganas, 2 (Two) cottahs 8 (Eight)

chhitaks at a consideration of Rs.5,75,000/-. Accordingly, an agreement for sale was made on 15/02/2014 between the complainant and the OPs and complainant paid an advanced amount of Rs.1,72,500/- by issuing cheques on different dates. He further paid Rs.1,26,534/- by way of installment on different dates. He waited from 2014 to 2019 for completion of the project and thereafter, approached the OPs to know the status of the construction of the project. At that time, the OPs expressed their inability and informed that the plot was disputed and they could not take necessary permission from the concerned authorities for construction of the plot and ultimately complainant could realize the dishonest intention of the OPs to cheat and defraud and therefore, requested the OPs to make refund of the advanced amount paid by him but no refund was made. So, he alleged unfair trade practice against the OPs and by filing this complaint before this Commission, prayed for refund of the principal amount he paid along with interest from the OPs. He also prayed for compensation towards his mental trauma and also cost of litigation.

            OPs did not contest the case by making appearance and by filing W/V though notice was served upon them. So, the case was heard ex parte.

            The point for consideration therefore, is whether the complainant is entitled to the relief (s) prayed for?

FINDINGS:

            During the Course of hearing, complainant filed his evidence-in-chief on affidavit. He also filed the documents relied upon by him namely, the brochure of the project, several money receipts and also the copy of the agreement for sale entered into between him and the OPs we also heard the argument submitted on behalf of the complainant.

            From the petition of complaint, the evidence and the documents it has been made clear that the complainant agreed to buy the plot in question. Accordingly, one agreement for sale was entered into between the parties in the year 2014. Complainant is found to have advanced by way of issuing cheques Rs.1,72,500/- and also Rs.1,26,534 in 11 installments since the year 2014 and as per documents he already paid Rs.2,99,534/- in total. As per the agreement for sale, the project would be completed within 36 months from the date of execution of the agreement but the OPs failed to complete the project within the stipulated period of time. The complainant ultimately decided to come out of that project and requested the OPs for refund of the entire money paid by him but the OPs did not make the refund.

So, considering the contention of the complainant and also unchallenged testimony and the documents we find that complainant has been able to prove his case and therefore, he is entitled to relief (s) in this case.

Hence,                            it    is

ORDERED

That the instant case be and the same is allowed ex parte against the OPs.

Complainant is entitled to Rs.2,99,534/- (Rupees Two Lakhs Ninety-Nine Thousand Five Hundred Thirty-Four Only) along with interest @ 10 % p.a. from the date of last payment.

Complainant is also entitled to Rs.5000/- (Rupees Five Thousand Only) towards cost of litigation.

            Considering the rate of interest imposed in this case, the prayer for compensation is not given separately.

            The OPs are directed to pay the said amount within 45 days from the date of this order, failing which complainant shall be at liberty to realize the said amount as per law. 

Dictated and corrected by me.