IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/134/2022.
Date of Filing: Date of Admission: Date of Disposal:
22.12.22 09.01.23 05.03.24
Complainant: ABDUL LATIF KHAN
MOTIJHEEL ROAD , P.O.- MURSHIDABAD ( LALBAGH) ,
P.S- MURSHIDABAD , PIN- 742149
-Vs-
Opposite Party: 1.MANAGING DIRECTOR ,
SIMOCO SYSTEMS AND INFRASTUCTURESOLUTIONS LTD.
( SANHITA PROJECT) , GODREJ GENESIS BUILDING ,
2ND FLOOR , BLOCK EP AND SP SECTOR V ,
SALTLAKE CITY , P.S- SALTLAKE , KOLKATA - 700091
2. USHA UTHUP
C/O - STUDIO VIBRATIONS 4G , RADHANATH CHOWDHURY ROAD ,
P.S- TANGRA , KOLKATA- 700015
Agent/Advocate for the Complainant : Subhanjan Sengupta
Agent/Advocate for the Opposite Parties : None.
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Nityananda Roy……………………………….Member.
FINAL ORDER
Sri.ajay kumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One Abdul Latif Khan (here in after referred to as the Complainant) filed the case against Managing Director, Simoco Systems and Infrastructure Solutions Ltd.And Anr. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The material facts giving rise to file the complaint are that:-
The Complainant is a businessman and that is his only livelihood. The Complainant booked an apartment named and styled as ‘Sanhita’ and OP No.1 had acknowledged the application No. 400677 and confirmed booking of 2BHK apartment and also confirmed receipt of application money of Rs. 2,00,000/- vide cheque/draft 685903 dated 10.03.14 drawn on UBI. The OP No.2 had madenumerous advertisements and assured about the quality, exorcism and perfection of the project. The Complainant part by part had made payment of Rs. 14,24,391/- and the OP had acknowledged the same. The Complainant had entered into an agreement with the OP on 02.09.16 in respect of Flat No. 6F on the 6th floor under precinct 08, Block B6 having super built-up area of approx 734 sq.ft. Consisting of 2 bedrooms 1 living room/dining room 1 kitchen room, 2 toilet, 1 verandah together with proportionate undivided share of the land owned by samasth, Telecom, Simoco system, GS Electrocom situated at Satuli, PS-Kashipur under Bhagwanpur Gram Panchayat, Dist-24 Parganas.
Till date the OPs are very much reluctant to handover the property as agreed to this Complainant. The Complainant had made several attempts to make contact with the OPs but he failed. Even the Complainant made attempts to make an amicable settlement before the Assistant director, Consumer Affairs and FBP Murshidabad Regional Office but all his sincere efforts went in vain.
The Complainant had faced lots of trouble which was due to the negligent attitude of the OPs.
The Complainant approached the OPs for proper redress and prayed for the proper remedy. But instead, the OPs showed inattention towards the Complainant.
Finding no other alternatives the Complainant filed this instant case directing the OPs to pay Rs. 14,24,391/- towards payment made by the Complainant + Rs. 10,00,000/- as compensation towards harassment and mental agony totaling Rs. 24,24,391/-.
Record shows that the notice was served upon the OPs and the Complainant filed two postal track reports showing service of notice upon the OP Nos. 1& 2 but they have not turned up. However the case was adjourned on 13.04.23 and date was fixed on 28.06.23 for filing W/Vs by the OPs as last chance. The OPs did not filed W/V on 28.06.23, however the case was adjourned to 23.09.23 for filing W/Vs by the OPs as special chance. It is a matter of regret OP is did not filed W/Vs on 13.09.23 and as such order was passed for hearing the case ex-parte and 05.10.23 was fixed for ex-parte hearing. On 05.10.23 none appeared and as such 21.12.23 was fixed for ex-parte hearing. On 21.12.23, Complainant was present but did not filed evidence and as such 22.02.24 was fixed for filing evidence by the Complainant. Record shows that the Complainant filed a petition later on 22.02.24 praying for treating the complaint as evidence and the said petition was allowed. On 22.02.24 the case was heard ex-parte in part. 05.03.24 was fixed for further hearing the case ex-parte. Accordingly, today i.e. 05.03.24 the case was heard ex-parte.
Complainant had filed some documents such as copy of agreement dated 02.09.16, copy of money receipts showing payment to the OP No.1, Copy of note-sheet of Assistant Director, Consumer Affairs and Fair Business Practice and the copy of advertisement.
We peruse the complaint. The material points mentioned in the complaint are corroborated by the documents filed by the Complainant. The allegation of the Complainant is not challenged. Such being the position, we hold that the Complainant has prima facie proved his case and he is entitled to get the order as prayed for.
Reasons for delay
The Case was filed on 22.12.22 and admitted on 09.01.23. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is allowed.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/134/2022 be and the same is allowed ex-parte against the Ops. but under the circumstances without any order as to costs.
Both the OPs are jointly and severally liable to return the amount amounting to Rs. 14,24,391/- deposited by the Complainant to the Complainant and to pay Rs. 10,00,000/- to the Complainant as compensation towards harassment and mental agony.
Both OPs are directed to return the amount amounting to Rs. 14,24,391/- ( Fourteen Lakhs Twenty-four Thousand Three Hundred and Ninetyone only) deposited by the Complainant to the Complainant and to pay Rs. 10,00,000 /- (Ten Lakhs only) to the Complainant as compensation towards harassment and mental agony within 60 days from the date of this order i.d. the whole amount of Rs. 24,24,391/- (Twenty-four Lakhs Twenty-four Thousand Three Hundred and Ninetyone only) will carry interest @10% PA from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member President.
