West Bengal

Bankura

CC/44/2022

Satyajit Pal - Complainant(s)

Versus

Manager Raghunathjee Construction, Sri Sougat Kundu (Springfield Residency) - Opp.Party(s)

Self

01 Aug 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 44/2022

Date of Filing: 13.12.2022

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P. : Ld. Advocate Kalyan Chattaraj

Complainant  

Satyajit Pal , S/O Rabindra Nath Pal, At Raipur Bazar Garhraipur,  P.O., P.S. & Dist. Bankura, PIN-722 134                                                                                                                                            

Opposite Party  

1.Manager Raghunathjee Construction, Sri Sougat Kundu (Springfield Residency), Lokpur Rajagram Road Sammilani Bipani Shambhar, Stall No.5 & 6, P.O. & P.S.Bankura-722 102

2.Site Office: Kenduadihi, Sahana Pally, P.O. & P.S.Bankura-722 102

 

 FINAL ORDER / JUDGEMENT               

                                                                                                                                        

Order No.09

Dated:01-08-2023

The Complainant files hazira through advocate.

No step is taken by the O.P.

Statutory period for filing written version has already expired. The case is therefore taken up for Ex-parte hearing.

The Complainant’s case is that he booked a Flat with the O.P. by an Advance payment of Rs.50,000/- by Cheque on 21/09/2021. The Complainant could however ascertain from the available facts that he may not get Flat as per negotiation and ultimately the Complainant asked the O.P. to refund the Advance money of Rs.50,000/-. Though the O.P. refunded Rs.45,000/- by transaction dated: 01/11/2021 but he had refused to pay back the balance Rs.5,000/- on the ground of deduction for GST and clerkage and intimated the same to the Complainant by e-mail. The Complainant raised protest against it by reply e-mail. The O.P. having failed to pay the balance amount of Rs.5,000/- the Complainant has approached this Commission for appropriate relief.

                                                                                                                                                                                Contd……p/2

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on record from the side of the Complainant the Commission finds that admittedly out of Rs.50,000/- towards payment of Earnest money for purchase of the Flat Rs.45,000/- has already been paid by the O.P.to the Complainant but the O.P. is not willing to pay the balance amount of Rs.5,000/- on the ground that an amount of 10% of the Booking amount will be deducted for GST and Clerkage charges after getting an application from the Complainant. In fact Rs.50,000/- has been paid as Booking charge of the Flat and no Agreement for sale has been entered into by and between the parties and so the question of payment of GST and Clerkage charge does not arise in this case. The O.P. is bound to pay the entire Advance money of Rs.50,000/- to the Complainant out of which Rs.45,000/- has already been paid and so the balance amount of Rs.5,000/- is to be paid by the O.P. positively.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed Ex-parte against the O.P. without cost.

The O.P. is directed to pay to the Complainant Rs.5,000/- within a month from this date in default it will carry Interest @9% per annum till realization.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________           _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER        HON’BLE MEMBER