Hon’ble Mrs. Soma Bhattacharjee, Member
CC/900/2017 has been filed by Baldev Raj Khanna Complainant against Kolkata West International City Pvt. Ltd and another u/s 12, read with Section 13 and 14 of the C.P. Act, 1986 in a matter of housing dispute. The complaint is valued at Rs. 47,75,955/-.
The complaint case in a nutshell is that the petitioner hired the services of the OPs upon paying consideration amount and the OP no. 1 is a promoter. The OP / developer had started building a structure upon scheduled land after getting plan duly sanctioned by the competent authority. The complainant wishing to buy a flat for residential purpose of his family made an application vide no. KWH0159 on 15.07.2014 for one 3BHK flat measuring about 1388 sq. ft. for apartment no. 02, Floor no- 5th Tower no. T2 with covered car parking.
Subsequently the opposite party no. 1 changed the allotment of the petitioner to another flat and accordingly the petitioner has been provisionally allotted with one flat at Residential Condominium named “Lavanya” upon some agreed terms and conditions and memo of consideration money as described in the said allotment letter and STC Cum Allotment Agreement. Accordingly, the petitioner has paid a lump sum of Rs. 2,00,000/- (Rupees two lakhs) only in favour of the opposite party no. 1 as consideration money vide cheque no. 180779 on 15.07.2012 for one flat at Residential Condominium named “LAVANYA” upon some agreed terms and conditions and memo of consideration money as described in the said allotment letter and STC Cum Allotment Agreement. According to the allotment letter the said proposed flat was on the 12th floor measuring about 1473 sq. ft. (more or less) Vide apartment no. 4, Tower no. 2 with one covered car parking, at a basic apartment price @ Rs. 2,675/- per sq. ft. at a total consideration of Rs. 44,75,955/- (Rupees Forty-Four Lakhs Seventy-Five Thousand Nine Hundred Fifty-Five) only in the said multi-storied building lying and situated at, Kolkata West International City, Salap Junction, Howrah, Amta Road & Mumbai Road (NH-6) Crossing Bankra, Howrah- 711403, as per schedule.
Thereafter the Complainant on 18.09.2012 has paid a sum of Rs. 2,16,015/- and again on 17.11.2012 has paid a sum of Rs. 3,16,015/- and again on 15.01.2013 has paid a sum of Rs. 3,16,015/- in favour of the opposite party no. 1. The petitioner till date has paid a sum of Rs. 10,48,045/- (Rupees Ten Lakhs Forty-Eight Thousand forty-five) only on different dates out of the entire consideration money of Rs. 44,75,955/- (Rupees Forty Four Lakhs Seventy-Five Thousand Nine Hundred Fifty-Five) only as fixed and demanded by the opposite party no. 1. Copies of money receipt have been filed by the Complainant.
However, after several months elapsed the complainant realised that the OP no. 1 has not completed the flat to be delivered and thus were violating the terms of the agreement. The cause of action for filing this complaint case arose on 06.05.2016, 16.06.2016 and again on 02.08.2017 when the complainant sent letters to all the OPs requesting to complete the flat, to handover possession and to execute and register the deed of conveyance. Since no heed was paid to the notices the complainant was compelled to file CC/900/2017 and cause of action is still continuing.
The OPs entered appearance and filed W.V. Evidences were adduced by both sides. The payment of part consideration was admitted by the OPs.
Heard the argument of the Ld. Counsels of both sides. The counsel for the Complainant pleaded for refund of the money paid to the OP along with compensation.
The defense case is that they did not get sanction from the concerned authority in due time and they are liable to pay compensation at the existing bank rate.
The pleadings and documents placed on record have been examined. The arguments rendered by the Ld. Lawyers on either side have been considered.
It seems that the complainant is a consumer in terms of C.P. Act, 1986 and the OPs are deficient and negligent in providing services for which the complainant is entitled to relief as prayed for.
Therefore, the complaint case succeeds and CC/900/2017 is allowed on contest in favour of the complainants.
1. The Opposite Party no. 1 is directed to refund Rs.10,48,045/- with interest of 9% simple interest p.a from each date of payment till the date of realisation of the entire amount.
2. The Opposite Party no. 1 is directed to pay litigation cost of Rs. 10,000/- to the complainant.
These directions are to be complied within 60 days from the date of pronouncement of the judgment, failing which the complainant is at liberty to put the order into execution.
CC/900/2017 is disposed of accordingly.
Free plain copies to be delivered to all the parties.
