DATE OF FILING                    :     03-12-2013.

DATE OF S/R                            :      11-03-2014.

DATE OF FINAL ORDER      :     18-07-2014.

Smt. Babita Bhunia,

wife of Sri Soumendra Kumar Bhunia,

residing at Chandmari Road, P.O.Danesh Sk. Lane,

P.S. Sankrail, District – Howrah.--------------------------------------------  COMPLAINANT.

-          Versus   -

Echo Developers,

having its office at 1/5, Andul Road,

District – Howrah, PIN – 711 109,

represented by its partners –

( i ) Sri  Subhas Naskar,

       son of Kartick Naskar,

       of Andul  Road  Thanamakua, P.S. Sankrail,

       District – Howrah, PIN – 711 109.

(ii) Sri Prodhyut Das,

      son of late Binod Behari Das,

      of Shantinagar, P.S. Sankrail,

      District – Howrah,

      PIN – 711 109.

(iii) Sri Sambhu Mukherjee,

       son of late Narendra Nath Mukherjee,

       of 32/2, Dakshin Buxarah  Road, P.S. Shibpur,

       District – Howrah, PIN – 7111 110.

(iv)  Rony Roy,

        daughter of  Sri Prahlad Roy

        of  Baksara Village Road,

        Howrah – 711 109. -------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

F  I   N   A    L       O    R   D    E     R

1.               The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) wherein the complainant  has prayed for a direction to be given upon the O.Ps. to refund the balance amount of  Rs. 1,30,000/- and to pay compensation of Rs. 2 lakhs and litigation cost as the  repeated requests of the complainant for sell in respect of residential flat and shop room wherein a sum of Rs. 2,30,000/- as consideration money was paid, went unheeded.

2.               The o.ps. did not file any written version. So the complaint was heard ex parte.

3.               Upon pleadings two points arose for determination :

            i)          Is there any deficiency in service on the part of the O.Ps?

ii)                  Whether the complainant is entitled to get any relief and compensation as prayed for? 

DECISION  WITH   REASONS      :

4.               Both the points are taken up together for consideration. From the enclosure it is found that the complaint paid Rs. 2,30,000/- in cash to the o.ps. on the different dates i.e., 06-03-2006, 10-03-2006 and 17-04-2006 as  advance / or part payment against purchase a self-contained residential flat on the first floor and two numbers shop room on the ground floor of the proposed building at  Chandmari  Road, Hanskhalipole, against an agreed  money of Rs. 10 lakhs and undertake to execute the  agreement for this purpose.  But neither they execute any agreement for   such sale in spite of repeated requests nor did they delivered and / or handed over the flat, rather the o.ps. sold out the flat and shop rooms to a 3^rd person and such the complainant requested the o.ps. to refund the entire amount as paid. Subsequently the o.ps. refunded only  Rs. 1 lakh on 17-11-2008 through cheque which was duly encashed and further undertake to refund the balance amount of Rs. 1,30,000/- with interest within 6 months. The complainant requested the o.ps. in several times including serving legal notice on 30-03-2013 and lastly on 30-09-2013 to pay the rest amount duly received the said letter but did not pay a single penny to the complainant. 

5.               In view of the unchallenged testimonies it is palpable that the o.ps. conduct suffers from gross deficiency in service.  It is , therefore, a fit case to pass necessary order in terms of the prayer. Both the points are accordingly disposed of.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 419  of 2013 ( HDF 419 of 2013 )  be  and the same is allowed ex parte against the o.ps. with costs jointly or severally.

      The O.Ps. jointly or severally be directed to refund the balance amount of Rs. 1,30,000/- together with interest @ 10% on and from 17-11-2008 within 30 days from the date of this order i.d., a penal interest further @ 10% will be levied on the  whole amount till realization.

      The O.Ps. also be further directed to  pay a  compensation of Rs. 50,000/- for causing unnecessary harassment and Rs. 5,000/- as litigation costs to the complainant.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F.,Howrah.