The complainant Debanath Sarkar is a Doctor having M.B.B.S. degree from  Calcutta and after obtaining M.B.B.S. degree, the complainant got himself attached with Malda Medical College as General Duty Medical officer and he is now about to retire after  attainment of his retirement age.

Dr. Debnath Sarkar, the complainant is a life members of ISKCON and devoted both the spouses to Lord Gourango  Mahaprobhu. They nourish an idea  that after fully fledged retirement , they would shift to Mayapur  where  they would permanently settle for the service  of Lord  Mhaprobhu  and for that purpose they would  purchase a flat where both husband and wife could live dedicating  themselves  to the service of Lord Gouranga Mahaprabhu.

That both the opposite parties namely OP 1 M/S Giriraj, Proprietor – Mananbendra Kumar  Poddar and OP 2 Smt. Anjana Gulab Lalwani alias Alikrishna Devi Dasi are virtually of same scion and under jurisdiction of Police station Gazole at District Malda. They also shifted to Mayapur. Since both of them professed to be baishnab and both of them declared that they have devoted for Lord Mahaprabhu. Though it was the pronouncement but out and out they are materialistic in reality. Taking advantage and pronouncement of their devotion for Lord  Mahaprabhu both of them started business and went on advertising to be the actual devotee and they have started business by constructing a Multi-storeyed building and being hypnotized the actual devotees used to purchase the flat from different person as well as from the OP and start living there. Under this type of religious approach, many devotees contacted with him and try to purchase flat from them which was advertised by the OP especially to the other devotees and also under assurance the OP sell the flat to the devotees at a cheaper price and there lies no scope of being cheated.

Since the opposite parties are man of Malda district, the opposite parties had acquaintance with the complainant. Since the complainant is a devotee of ISKON, after having heard of such, the description of which is being mentioned hereinafter and expressed his desire to purchase a flat from them and negotiation in between them got it’s start.

    That situation and description of the flat is being vividly described in the scheduled and that flat proposed to be purchased is an apple discord in the instant complainant because of delayed situation to handover the flat in between them.

  That being so empowered the OP-1 made an agreement for sale  related to the property  as described in the schedule at consideration  price of Rs. 42,00,000/- (Forty two lacks and covered area of the sale flat  measures 852 Sq. fit with its super built up area and measuring 1022.40 Sq.ft.

That pursuant to that agreement the complainant paid. Rs. 10,00,000/- (Ten Lakhs) Rs. 5,00,000/- (Five lakhs) by way of RTGS dated 22.11.21 and Rs. 5,00,000/- (Five lakhs) also by RTGS dated 23.11.21 drawn on Indian Bank of Malda. That at the time of such agreement it was agreed upon in between the parties that within  a month there would be delivering of flat by the opposite party  No. 1 in favor of the complainant . That accordingly after such payment the complainant on several occasions went to Mayapur to see the progress and it was matter of disappointment that no progress of construction development of the said flat and it was also observed that it would take maximum several months to make it  fit for delivery.

That being disappointed, the complainant asked the OP no. 1 to return the consideration money at which he told that within three days he would return the consideration money amounting to Rs. 10,00,000 /- (Ten Lakhs). The Complainant sent a lawyer notice to OP No.-1. That on received of lawyer notice OP No.-1 replied on 24.12.2021. That on 03.01.2022 the Ld. Lawyer of complainant again gave a notice to the OP No.-1 to refund the consideration amount without fail in favor of complainant. After receiving the notice OP did not reply. Hence the complainant approaches before this commission with a prayer to order to OP to return his money amount of Rs. 10 lacks which is consideration money. And 5 lacks for mental agony and Rs, 2 lakhs as litigation cost and Rs. 1,20,000/- as interest. 

In order to substantiate the complainant filed documents like development /construction agreement, legal notices, deposited slips by complainant in favour of Manabendra Kumar Poddar of Rs. 5 Lakhs each dated 22.11.2021 and 23.11.2021 from Indian Bank, Malda Branch. On the other hand OPs appeared and contested the case.  OP No.-1 and 2 filed W.V. also. OP No.-1 in his W.V. stated that it is fact that an agreement of sale of a flat which is in the schedule and purported to sale of Rs. 42 lakhs, there is written agreement also and OP No.-1 get Rs. 10 lakhs from the complainant. 

Decision with reasons

This commission carefully perused the complaint and evidence in writing by the complainant and OP No.-1 and also perused the documents which are deposited by the complainant.  Consequently on perusal of documents such as like development /construction agreement, legal notices, deposited slips by complainant in favour of Manabendra Kumar Podder of Rs. 5 Lacks each  dated 22.11.2021 and 23.11.2021 from Indian Bank, Malda Branch  and relying  on unchallenged evidence of testimony of complainant and submitted document this commission has no alternative but to hold that there is deficiency in service on the part of OP 1 in selling the flat to the complainant and the complainant there by is entitled to get relief as asked for in  moderate manner .

Hence ordered

 That the complaint petition be and the same is allowed with a direction to OP No.-1 to pay the complainant of Rs. 10 Lakhs with a rate of interest of 6% per annum from 23.11.21 in respect of his investment to purchase the said flat. The complainant is also entitled to get compensation of Rs. 25,000/- for his mental agony and harassment and Rs.10,000/- as litigation cost within 45 days from the date of this order. The Complainant is at liberty to put an execution of the final order of this commission as per provision of Consumer Protection Act 2019.

  Let a copy of order be supplied to the parties free of cost on proper application.