DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 02/2021
Date of Filing: Date of Admission: Date of Disposal:
04.01.2021 08.01.2021 27.05.2022
Complainant/s:- | SARBJIT KOUR, W/o Shri Sanjoy Prasad, of Flat No. G-2, Ground Floor, “Dream Home-2”, 45, Narasingha Dutta Ghat Road, P.O. Sukchar, P.S. Khardah, District – North 24 Parganas, Kolkata – 700115. = Vs = |
Opposite Party/s:- | - HAPPY RISES PROPERTIES, a partnership firm having its office at 55/45, M.S. Mukherjee Road, P.S. Khardah, District – North 24 Parganas, Kolkata – 700116.
- SHRI JAYANTA DEWAN, S/o Late Asoke Kumar Dewan,
- SMT. RESHMI DEWAN, W/o Shri Jayanta Dewan, both are of Khardah, Kulinpara, P.S. Khardah, District – North 24 Parganas, Kolkata – 700116.
- SHRI TAPAS CHATTOPADHYAY, S/o Late Biswanath Chattopadhyay, of 145/93, Siromani Para Road, P.S. Khardah, District – North 24 Parganas, Kolkata – 700116.
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P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
The Complainant Sarbjit Kour files a petition U/s 35 r/w section 36, 37, 38 and 39 of the Consumer Protection Act, 2019 (as amended up-to-date). The Complainant has entered into an agreement for sale with the O.Ps on 15/06/2018 for the purpose of purchasing all the piece and parcel of flat no. 2/7 on the first floor of the building being Block No. A in project Gayatri Bhawan containing by estimation an area of 700 sq.ft. super built-up lying and situated at 55/45, Madhusudan Mukherjee Road for the under ward no. 21 within the limit of for the municipality, Kolkata – 700116 under R/S Daag No. 1008 / 1100 (part) R/S. Khatian No. 2003, Mouza Sukchar, J.L. No. 09, Touji No. 156, under P.S. Khardah, District North 24 Pargana which is the suit property which morefully and particularly described mentioned in schedule property. At the time of execution of the said agreement for sale the Complainant has paid Rs. 1,33,000/- only as advance money out of total consideration price of Rs. 13,30,000/- only to the O.P. members and the paid amount received and acknowledged by the O.P. No. 4 by issuing money receipt on 15/06/2018.
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At that time the Complainant had applied for loan before the Central Bank of India Sodepur branch for the purpose purchasing the flat and Central Bank of India, N.S. Road Kolkata branch, by letter dated 23/10/2018 asked the Complainant to provide mother deed vide no. 2108/1965, supplementary sale agreement, declaration of legal heris sheet from first class magistrate, mutation certificate from BL & LRO and municipality, up-to-date Porcha and Khajna in the name of the owner up-to-date tax receipt, copy of Power of Attorney given by Mrs. Seymanti Banerjee and Mr. Avijit Banerjee to Mr. Surajit Banerjee vide No. 5425 dated 07/09/2012, registered Power of Attorney description of boundary of side of the flat, latest trade license and KYC, registration of HIRA. The Complainant further stated that she asked to the O.Ps to provide the documents for the purpose of processing of loan application but the O.Ps have failed to supply the documents as because the O.Ps have lost the original mother deed and also did not obtained some of the other documents and due to the O.P. members such negligent acts the Complainant did not get loan from the bank, so the Complainant have to cancel the said agreement for sale. After cancellation of the said agreement for sale the O.P. members illegally did not refund the full advance amount of the Complainant and on 11/01/2019 the O.Ps have refund Rs. 1,18,750/- by issuing an A/c payee cheque vide no. 125555 dated 11/01/2019 drawn on Axis Bank Ltd., Khardah branch. After getting the cheque of Rs. 1,18,750/- the Complainant asked the reason of such deduction to the O.Ps, but the O.Ps have threatened to the Complainant.
As per the version of the Complainant on several occasion have requested to the Ops for refunding the said amount of Rs. 14,250/- but O.Ps did not pay any heed. Finally on 16/12/2020 the Complainant sent a legal notice through registry post. Having no other alternative the Complainant filed this case before this Commission.
Prayer of the Complainant:-
- The Opposite Parties be directed to refund the said amount of Rs. 14,250/-. The Opposite Party is directed to pay the present banking interest upon the said amount of Rs. 14,250/- from the date of receiving the same to till the date of realization.
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- The Opposite party is directed to pay a sum of Rs. 10,000/- to the Complainant on the ground of mental pain agony anxiety and unnecessary harassment.
- The Opposite party be directed to pay a sum of Rs. 25,000/- to the Complainant as litigation cost.
- Any other relief or reliefs to which the Complainant is entitled to get under law, equity and natural justice.
The O.P members have received the notice on 30/01/2021 but they did not file W/V within time though they have appeared before this Commission in person on 06/04/2021 and file the petition with a prayer to allow time for filing W/V. But they did not do the same and from 13/12/2021 the case do run ex-parte against all O.Ps.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid Rs. 1,33,000/- as advance amount out of Rs. 13,30,000/- but OP refunded the advance money on 11/01/2019 of Rs. 1,18,750/- i.e. O.Ps have deducted a sum of Rs. 14,250/- illegally. Here the O.P. is service provider and the Complainant being a customer of the O.Ps, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
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Hence, for ends of justice:
It is
Ordered
That the instant case being no. 02/2021 is allowed ex-parte with cost against the O.Ps.
The O.Ps are directed to pay of Rs. 5,000/- to the Consumer Legal Aid account.
The O.Ps are also directed to pay the aforesaid decretal dues of Rs. 14,250/- along with 6% interest to the Complainant within 45 days from 15/06/2018 till realization failing which the Complainant is at liberty to put this decree into execution according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
Member
Member President
