Hon’ble Mrs. Soma Bhattacharjee, Member
CC/176/2019 has been filed on 07.03.2019 by Shiban Banerjee and Sriraj Banerjee against Green Tech IT City Pvt. Ltd. and others under C.P. Act, 1986.
The brief facts of the case are as follows: on 27.01.2014 the complainants applied to the OPs for allotment of residential flat in their project Green Tech City, Terrace Heights, at Rajarhat, Kolkata and paid a sum of Rs. 2,58,000/- as booking amount. On 18.02.2014 the complainants were allotted Unit No. no. D3, 3rd Floor, in Block 02, in Terrace Heights as per schedule, situated in the Greentech City Mouza Bajetaraf, P.S. Rajarhat, North 24 Parganas, Kolkata measuring 1835 sq. ft. @ 2850/- per sq. ft. The agreement for sale was executed between the complainants and the Ops on 03.07.2014 for a total sale consideration of Rs.59,05,000/-. The complainant paid a total of Rs.18,19,486/- towards part consideration.
As per the Agreement for Sale dt. 03.07.2014 the physical possession of the said unit was to be handed over by the developers by 03.07.2016. However, the complainants came to know that the project has not been undertaken by the developers at all and in December, 2015 the complainants visited the site and found that even piling work was not completed. However, left with no alternative, the complainants sent legal notice dated 21.05.2018 by speed post to the OPs with a request to deliver possession of the flat. Since no step was taken by the OPs to handover possession of flat as per agreement for sale they filed CC/176/2019 on 07.03.2019. Cause of action has arisen on 27.01.2014 when part consideration was paid by the complainants and is still continuing. The Complainants pleaded that W.V is filed by their authorised representative of the OPs. However no Board Resolution has been filed authorising the signatory of W.V to depose in the present matter. It is evident that W.V is not filed by any authorised person of the OPs. The OPs did not file reply to the questionnaire of the complainants.
The case of the OPs in their W.V is that the complainants owned other residential property and hence this property was booked for purpose of resale. The OPs failed to appear for final hearing in this matter.
The counsel of the complainants argued that the acts of the OPs amount to deficiency in rendering service as they had accepted consideration for delivery of a residential unit to the complainants. This fact has been admitted in the W.V of the OPs and copies of receipts are filed vide Annexure-D.
The complainant has prayed for refund of the part consideration money paid to the developer along with an interest of 36%. They have prayed for a compensation of Rs. 10,00,000/- for mental harassment and another Rs. 10,00,000/- for unfair trade practice and 1,00,000/- for litigation cost.
On thorough consideration and appraisal of the materials on record and the submission of the Ld. Counsel of the complainants it is apparent that in terms of C.P. Act, 1986 the complainants are entitled to refund of the amount Rs.18,19,486/- paid to the OPs for deficiency of service and unfair trade practise of the OPs. The case therefore succeeds.
Hence it is ordered
The CC/176/2019 is allowed ex parte against the OPs.
1. The Opposite Parties Nos.1 to 5 are jointly and severally directed to refund Rs.18,19,486/- with an interest @ 9% p.a. from the date of each payment within 90 days from the date of pronouncement of the order.
2. The Opposite Parties Nos.1 to 5 are jointly and severally directed to pay a litigation cost of Rs. 25,000/- to the complainants within 90 days from the date of pronouncement of the order.
If the Opposite Parties Nos.1 to 5 fail to comply with the order within the stipulated period, complainants are at liberty to put the order into execution.
CC/176/2019 is disposed of accordingly.
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