For the Complainants                     : Mr Anirban Roy Chowdhury,Advocate

                                                                Smt. Archana Roy Chowdhury, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The case of the complainants, in short ; is that they have entered into an Agreement for Sale dated 25.50.2013 with the OP M/s. Lord Realty Pvt. Ltd. for purchase of a land measuring about 04 Kottahs more or less (Unit No. B-18) in Zone - 09 at Lord City Sonarpur, comprising Dag No. 1437 within Mouza – Sengur under Sonarpur PS at a total consideration of Rs.4,00,000/-. In terms of the Agreement for Sale, the complainants paid Rs.3,99,986/- to the OP in between 01.07.2011 to 20.09.2013. The OP issued allotment letter dated 12.08.2011 against Unit No. B-18 in Zone – 09 at Lord City Sonarpur in favour of the complainants. Despite repeated requests the OP did not execute and register Deed of Conveyance in favour of the complainants though the OP was liable to complete the construction work within 48 months from the date of execution of Agreement for Sale. Finding no other alternative, complainants claimed for refund of entire consideration money but the OP failed and neglected to refund the consideration amount. Hence, the complainants have filed the instant consumer complaint before this Forum seeking redress and relief as incorporated in the prayer of the complaint.

OP was duly served of the complaint. However, despite service of notice upon them, no Written Version is filed within the statutory period as provided under the C.P. Act. 1986. Thus, the case has proceeded ex parte against the OP.

Decision with Reasons

To establish their case complainant No. 1 Promod Kumar Sukla adduced evidence through affidavit and also produced photocopies of Allotment Letter dated 12.08.2011, Agreement for Sale dated 25.05.2013, Letter dated 24.04.2013, 12.11.2015 and 22.10.2016 of OP M/s Lord Realty Pvt. Ltd. and Legal Notice dated 28.06.2019. We have travelled the documents on record. On perusal of those documents, we find that the complainants were allotted Unit No.B-18 in Zone-09, measuring about 2880 Sq. ft. of land at Lord City Sonarpur and the complainants had entered into an agreement for sale dated 25.05.2013 with the OP. In terms of the Agreement for

sale complainants have paid Rs.3,99,986/- to the OP out of total consideration of Rs.4,00,000/-. The OP did not execute and register Deed of Conveyance of the subject Unit to the complainants within 48 months in spite of receiving Rs.3,99,986/-. The OP failed to develop the project. Photocopy of Legal Notice dated 28.06.2019 goes to show that complainants cancelled the Agreement for Sale with a request to the OP to refund the entire consideration amount but such notice was unattended.

We do not find any reason why the OP M/s. Lord Realty Pvt. Ltd. has received the amount of Rs.3,99,986/- from the complainants and utilized the said money for their own gain. Therefore, we hold that the OP demonstrated a gesture of deficiency in service and indulged in unfair trade practice.  OP has also caused harassment, mental pain and agony to the complainants.

There is no contrary evidence on the part of the OP. The evidence of the complainant No.1 remains unchallenged.  In absence of any contrary and controverting materials on record, and having regard to the evidence as well as documents on record, we are of the opinion that the complainants have been able to prove their case against the OP. Therefore, the complainants are entitled to get relief against the OP.

In the result, the case succeeds. Hence,

Ordered

            That the complaint case be and the same is allowed ex parte against the OP with cost of Rs.5,000/- (Rupees five thousand only).

            Mr. Anwar Azim, Chairman & Managing Director of M/s. Lord Realty Pvt. Ltd. is directed to refund Rs.3,99,986/- (Rupees three lacs ninety-nine thousand nine hundred eighty-six) only, to the complainants within 45 days from the date of the order  along with litigation cost.

            OP is further directed to pay Rs.20,000/- (Rupees twenty thousand) only to the complainants as compensation for harassment and mental agony within the stipulated period.

            The complainants may put the order in execution according to Consumer Protection Act. 1986, if the OP fails to comply the order.