The complainant’s case in a brief manner can be reproduced as herein under.
The complainant intended to purchase one flat from Suvoyan Chakraborty, Proprietor of King Construction, who resides at 329, Criper Road, Konnagar, P.S.-Uttarpara, Dist.-Hooghly for an amount of Rs.9,00,000/- only excluding registering cost by a sale deed agreement.
For that purpose the complainant paid Rs.8,06,000/- to the O.P. but O.P. did not hand over the flat in question to the complainant. In the mean time the complainant received a notice of cancellation of agreement from the side of the O.P.
The complainant lodged a complaint before the Joint Secretary, Consumer Affairs Department on 28.12.2015. On 16.3.2016 a tripartite meeting was held in the Consumer Affairs Department. In the said meeting the O.P. was ready to settle the matter amicably by refunding the entire deposited amount i.e. Rs.8,06,000/- with interest. But due to non-cooperation of the Opposite Party the matter was not settled and for this reasons the complainant suffering mental pain and agony. Finding no other alternative the complainant filed this case before this Forum for relief with a direction to the O.P. to refund the entire amount i.e. Rs.8,06,000/- along with interest to the complainant.
The O.P. appeared here and contested the case by filing W/V denying inter-alia all the material allegations. The O.P. in his written version stated that the consideration money was settled Rs.12,75,000/- not Rs.9,00,000/-. The complainant did not pay the entire amount as per terms and conditions of the sale agreement. So, O.P. sent a legal notice to the petitioner for cancelling the sale agreement and asked the petitioner to receive the payment after deducting 25% of the deposited amount for damages due to non-performance of part of contract.
The O.P. also stated that he is ready to settle the matter amicably by refunding the entire deposited amount. But he is not agreed to pay any interest over the entire amount because complainant violated the terms and conditions of the agreement. Hence, the case.
The complainant filed photocopies of some documents like Sale Deed, three money receipts, Advocate’s letter of the O.P. and letter of Consumer Affairs Department.
Point for decision
- Whether complainant is a consumer or not?
- Whether the complainant made agreement with the O.P. or purchasing the flat?
- Whether the complainant is entitled to get any relief or reliefs?
Decision with reason
It is admitted fact that there had been an agreement between the complainant and O.P. wherein the complainant was agreed to purchase a flat by Rs.9,00,000/- as per terms of payment laid down in schedule-B in the agreement executed by complainant and O.P. From the receipts filed by the complainant it appears that complainant paid Rs.8,00,000/- to the O.P. The matter came before the Consumer Affairs Department. One order was passed on 16.3.2016 in this matter wherein direction was give to the O.P. to refund entire deposited amount of Rs.8,06,000/- with interest. But the O.P. did not comply the said order. After which the complainant filed the case before this Forum. Before us the O.P. also admitted the case of the complainant and agreement but O.P. took plea that they have cancelled the agreement. But nowhere O.P. denied the receiving the money from the complainant and that amount is Rs.8,00,000/-. One plea has been taken by the O.P. that they shall not be paid interest because complainant did not act as per agreement. When the born of contention of this case regarding the execution of this case between the complainant and the O.P. has been proved and admitted by the both sides and wherein the concerned department mad order regarding refund of money, even the complainant prays refund of money paid to the O.P. with interest. The money was paid to the O.P., King Construction on 27.2.2014 and thereafter as per photo copy of receipts. The complainant prays return of money with interest before us and that has been made as per advice of the Consumer Affairs Department.
So, after going through the material before us we are no hesitation to hold that complainant is entitled to get back the money which has been paid by the complainant to the O.P. i.e. Rs.8,00,000/- and the O.P. also pay interest to the complainant @7% from the date of filing of this case. The complainant is also entitled to get Rs.5000/- as litigation cost and Rs.5000/- as compensation for mental, pain and agony. Therefore, it is
Ordered
that the complaint case be and the same is succeed on contest. The O.P. is directed to refund the money of Rs.8,00,000/- to the complainant by issuing A/c. payee cheque. The O.P. is also directed to pay litigation cost of Rs.5000/- and Rs.5000/- for causing harassment and mental pain and agony. The O.P. is directed to comply the above order by 60 days from this date, failing which the complainant is at liberty to execute the order through this Forum.
Let the copy of this order be supplied to the parties free of cost.
