DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 30 of  2023

 

Sri Subrata Ghosh,

S/O- Sri Rakhal Chandra Ghosh,

East Thana Road, Opp. to East Agartala P.S.,

Banamalipur, P.O. Agartala, Pin- 799001,

P.S. East Agartala, Sub-Division- Sadar, 

District- West Tripura. ...........Complainant.

 

-VERSUS-

 

1. MACWEL INFORSYSTEM 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.Ps : Exparte.

 

 

 

 

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 Sri Subrata Ghosh of Banamalipur, Agartala, West Tripura (here-in-after called the 'Complainant') against (1) Macwel Inforsystem Pvt. Ltd., Kolkata, West Bengal, (here-in-after called the 'O.P. No.1') and (2) Miss Madhumita Chakraborty, Authorized Signatory of Macwel Inforsystem 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  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 put signature in the agreement on behalf of the O.P. along with the complainant.

 

1.2 The complainant paid Rs.52,250/- and Rs.1,98,341/- on 06.03.2016 and 08.11.2016 respectively as advance booking for the purpose of purchasing the said flat. 

 

1.3 On 25.08.2017 the complainant 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 him 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 Letters were sent to the O.P. on 20.07.2018 and 09.02.2019 but no result. Again on 11.06.2022 through speed post complainant sent reminder but the O.Ps remained silent. Legal notice was sent on 31.10.2022 but the O.Ps did not reply.  Hence, cause of action arose lastly on 31.10.2022 when the complainant understand that the O.P. has cheated the complainant.

1.5 The Complainant has prayed for Rs.2,50,590/- along with interest and other expenses in total, Rs.4,79,340/-.

2. The complainant had submitted copy of agreement with the O.P.; money receipt; cancellation prayer with acknowledgment card; reminders; Legal Notice and medical documents of the complainant. 

3. Summons were duly served upon the O.Ps but inspite of repeated chance the O.Ps have not appeared to contest the case.

4. Hearing argument we find that since the O.P. 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.