DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 56 of  2023

 

1. Mrs. Kago Yadi, 

W/O- Sri Debashish Bhattacharjee of Abba Jeans, 

Near Weight & Measurement Office, 

Krishnanagar, P.O. Agartala, P.S. West Agartala, 

West Tripura District- 799001.

 

2. Sri Debashish Bhattacharjee,

S/O- Late Brajadulal Bhattacharjee,  

Abba Jeans, Near Weight & Measurement Office, 

Krishnanagar, P.O. Agartala, P.S. West Agartala, 

West Tripura District- 799001. ...........Complainants.

 

-VERSUS-

 

1. Macwel Infosystem Pvt. Ltd.,

 

2. Miss Madhumita Chakraborty, 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For  the  O.P. No. 1 : Exparte.

 

ORDER  DELIVERED  ON:    21.02.2024

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Mrs. Kago Yadi, W/O- Sri Debashish Bhattacharjee of Krishnanagar, Agartala, West Tripura (here-in-after called the 'Complainant') against (1) Macwel Infosystem Pvt. Ltd., Kolkata, West Bengal, (here-in-after called the 'O.P. No.1') and (2) Miss Madhumita Chakraborty, Authorized Signatory of Macwel Infosystem Pvt. Ltd., Kolkata, West Bengal(here-in-after called the 'O.P. No.2') alleging deficiency in service on the part of the O.Ps. 

 

1.1 The case of the complainant in short is that  the complainant intending to purchase a 2BHK flat at Aminpura, Rajarhaat, 24 Pargana, North, by way of online submission of requisite form through website of Macwel Infosystem made payment of Rs.52,250/- on 30.07.2016 to the O.P. No.1 through SBI, Jagganath Bari Branch, Agartala. Again on 09.09.2016 through HDFC Bank Cheque paid Rs.1,98,341/- to the O.P. No.1.

1.2 On 17.11.2016 the complainant entered into an agreement with the authorized representative of the O.P. for booking flat which was under construction at Aminpur, Rajarhaat, 24 Pargana, North under the project namely ''Usali''  and the authorized signatory Miss Madhumita Chakraborty put her signature in the agreement on behalf of the O.P. along with the complainants.

1.3 On 24.08.2017 the complainant No.1 submitted written prayer withdrawing himself from the said agreement as the O.P. made unnecessary delay in completing the flat and this was done in consultation with the authorized signatory of the O.P. The O.P. assured her that the amount paid by the complainant will be refunded after 31st July, 2019. The O.P. did not refund the amount though several correspondence were made by the complainant with the O.Ps. 

1.4 Letter were sent to the O.P. on 20.07.2018 but to no good.

1.5 Legal notice was sent on 31.10.2022 to the O.P. No.1 but the O.P. did not reply. 

1.6 The complainant visited the office of the O.Ps located at Kolkata on 3 occasion for getting refund of the advanced amount  but to no good.

1.7 The Complainant has prayed for Rs.2,50,591/- along with interest and other expenses in total, Rs.4,64,341/-.

 

2. The complainant had submitted copy of agreement with the O.P.; money receipt; cancellation prayer; Legal Notice etc.

3. Summons were duly served upon the O.P No.1 but inspite of repeated chance the O.P. failed to appear & contest the case.

3.1 The name of the O.P. No.2 is struck off vide order dated 03.10.2023.

4. Hearing argument we find that since the complainant is permanent resident of Agartala, West Tripura under the C.P. Act, 2019, this Commission has jurisdiction to entertain the case.

4.1 On perusal of the documents mentioned above we can not deny that the complainant booked a flat with the O.Ps and such agreement was signed by Miss Madhumita Chakraborty, the authorized signatory  of O.P. No.1 for which Rs.2,50,591/- was paid in advance but the O.P. neither completed the flat nor has returned back the advance money for which the complainant cancelled the agreement as per the terms of the agreement. The O.Ps assured the complainant that the complainant will get back the advanced amount but to no good. Therefore, we have no hesitation to conclude  that the O.Ps has adopted unfair trade practice and hugely deficient in service as well. 

 

 

5. In the result, we order that the O.P. shall return the advance amount of Rs. 2,50,591/- along with interest @ 7.5% P.A. from the date of agreement i.e., 17.11.2016 till the date of payment. The O.Ps shall also pay a sum of Rs. 1 Lakh to the complainant as compensation which is inclusive of litigation cost. 

6. The case stands disposed off.

7. Supply 2 copies of this order to the complainant. The complainant shall send one copy to the O.P. No.1 for his information and doing the needful.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.