Case of the complainant in brief is that the complainant enter into an agreement with Opposite Parties on 19.08.2015. Accordingly the complainant paid Rs. 9,31,500/- to the OP 1, OP 2 and OP 3, the developer company and their representatives respectively. According to the agreement the scheduled flat has been handed over to the complainant within a period of 30 months time with a grace period of one month. It is stated by the complainant that after expiry of the said stipulated period the construction work has not been started by the OPs till date. Hence the complainant requested the above mentioned Ops to refund the deposited amount of Rs. 9,31,500/- but OPs did not turn up. Neither the Ops started the construction work of the building nor they executed the deed of conveyance in the favour of the complainant. Finding no alternative complainant filed this case praying for direction upon the OP 1, 2 and 3 to refund Rs. 9,31,500/- along with compensation and cost of litigation.
Notices were duly served upon the Ops. Inspite of that none appear on behalf of them. Hence the case was proceeded ex-parte against all the OPs.
The complainant adduced evidence on affidavit and necessary documents in support of his case.
Decision with reasons
The overwhelming evidence on record makes it quite clear that on 19.08.2015, the complainant entered into an agreement with the OPs, land owners and developer to purchase of a self contained flat measuring about 1280 Sq.ft. super built up area at Block – D, 3rd Floor, Unit No. – B in the building namely “UNIQUE PEARL” at Hatiara, P.O. – Hatiara, Kolkata – 700157, District – North 24 Parganas. The complainant has already paid Rs. 9,31,500/- as per consideration amount towards the total consideration amount of Rs. 45,48,400/-. As per terms of the agreement the seller has agreed to complete the construction and deliver possession of the unit within a period of 30 months from the date of agreement with a grace period of one month thereafter. Therefore, the Ops were under obligation to hand over the subject flat within 19.03.2018.
It is trite law that the parties are bound by the agreement. When a party to the contract disputes the binding nature of the signed documents, it is for him to prove the terms in the contract or circumstances in which he came to sign the documents need to be established. From the money receipt filed by the complainant it appears that complainant paid Rs. 1,00,000/- on 15.07.2015, Rs. 5,28,000/- on 19.08.2015, Rs. 1,80,000/- on 19.08.2015, Rs. 92,000/- on 19.08.2015 and Rs. 31,000/- on 26.09.2015. From the allotment letter issued by the OP – developer it further appears that on 14.08.2015 OP allotted one flat in favour of the complainant. From the unchallenged evidence of the complainant, we are constrained to hold that the complainant has fully corroborated his case of the petition of complaint and as such the complainant’s case is proved. The documents filed by the complainant support the allegation made by him. So, the complainant is entitled to an order as prayed for.
Under compelling circumstances complainant has to come up in this commission for which he is entitled to litigation cost of Rs. 10,000/-.
In the result the petition of complaint succeeds.
Hence, it is ordered :-
that the Complaint Case No. 395/2021 is allowed ex-parte against Op No. 1, 2 and 3 with cost.
Ops are jointly and severally directed to refund Rs. 9,31,500/- in favour of the complainant along with compensation in the form of simple interest @ 6% per annum from the respective date of deposit till its realization. Ops are further directed to pay Rs. 10,000/- to the complainant as cost of litigation.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
