The facts of the case in short is as follows :-

1)  The complaint case in a nutshell is that the complainants entered into an agreement with the OPs who are the land owner and developer of the land as per description in Para 4 of the complaint. The complainant paid Rs. 2,20,000/- to OP No. 1 under money receipt for a flat in 5^th floor. Thereafter, on 07.09.2015, 20.09.2015 & 14.10.2015 petitioner no. 2 paid Rs. 3,00,000/-, Rs.5,00,000/- and Rs. 45,000/- by cheque and cash total amounting to Rs. 8,45,000 for Flat D/S 3 and complainant paid Rs. 2,20,000 for flat in 5^th floor (As per Para 6 & 7 of the complaint) to OP No. 1 Masood Mallick. It was talked that OP shall give other relevant documents and sanction plan to the complainant and flat would be completed by 2 months along with completion certificate by 31.01.2016. But time passed. OP did not supply those documents along with sanction plan of the said flat in question to the complainant. The OP also failed to complete the flat within time. And thus, finding the odd situation the petitioners decided not to purchase the flat in question and requested the OP No. 1 & 2 to return back Rs.10,65,000/-.

2)  Inspite of several requests by the complainant on several times the OP did not return the money. On 29.09.2016 the petitioner/complainant that is Safiulla Hossain and Md. Rajib issued legal notice.

3)  On 18.11.2016 the OP No. 1 gave reply but till this date of filing the case the OPs did not supply the sanction plan along with all relevant documents which causing harassment to the complainant no. 1 & 2.

4)  So, finding no alternative the complainant has rushed to this Forum for redressal. Redressal of getting back the amount paid to the OP No. 1 & 2 and other sum as per entitlement.

5)  OP had contested the case by filing W/V, denying, inter alia, all material allegations and averred that it is positive case of the OP that the complainants have no money or capacity to purchase the said flat. After agreement this Opposite Party No. 1 has completed the construction and requested the complainant to purchase the said flat. It is also positive case that OP No. 1 requested the complainant on several occasions to pay the balance consideration money and to make a deed of sale but the petitioner declined to pay the balance consideration money and to make sale deed. The OP No. 1 is always ready to transfer the said flat. But the complainant declined to take it. Hence, the complainants’ case should be dismissed.

6)  The complainant has filed original document showing payment as per their statement in petition and advocate letter dated 29.09.2016. OP has filed one document Xerox copy of a letter addressed to Vice Chairman praying sanction plan.  The complainant has also filed written notes of argument. OP has also filed written notes of argument. Proforma Opposite Party did not file written version.

POINTS FOR DECISION

1. Whether the complainant is a consumer?
2. Whether the complainant paid the alleged sum of money as advanced consideration amount to the OP?
3. Is the complainant entitled to get relief?
4. If so, what relief or relieves he is entitled to get?

DECISIONS WITH REASONS

All the points are taken together for the brevity and convenience of discussion.

7)  From the original document filed by the complainant it appears that complainant paid Rs. 45,000/- on 14.10.2015. Rs. 5,00,000/- on 20.09.2015 Rs. 2,20,000/- on 22.08.2015 Rs. 3,00,000/- on 7.9.15

8)  In evidence-in-chief as well as advocate letter it also appears that the complainant paid said sum of money to the OP regarding the flat D/S 3. Total amount paid by the complainant is Rs. 8,45,000/- plus 2,20,000/-, total 10,65,000/- for two flats as per their version in petition and evidence. To that effect complainant also filed original documents of payment. The advocate letter also shows complainant informed through his advocate that complainant paid Rs. 10,65,000/- to the OP and the flat was not completed. Moreover, it is the case of the complainant that the OP has constructed the flat without sanction plan. The complainant now declines to take the flat because there is no legality of their construction.

9)  On the contrary, OP has stated that flat has been completed but complainant due to shortage of fund is not willing to take the flat by possession and by registration. And the complainant has no money to pay the balance amount. One Xerox copy of letter dated 05.02.2018 shows that OP made application to the Chairman for getting those sanction plan. And that too on 05.02.2018 after fixing the date of argument even at the time of argument it has been argued by the OP that within a short time they shall produce sanction plan to the complainant. But till this date of writing judgement the complainant did not produce any paper showing legality of their construction. It is fact that the complainant paid the consideration money and OP has taken the consideration money. The OP has admitted the consideration money. And OP demands that full price has not been paid by the complainant. But OP did not mention the amount of balance money which OP is entitled to get. OP only stated that due to paucity of fund the complainant did take possession by sale deed.

10)  The complainant failed to produce any papers to show that the building has been completed and that is marketable. So, the reason of the complainant for not taking of the flat in question appears reasonable. And their demand to take the amount paid to OP is also reasoned and as per law because OP has no sanction order for the building. Fact also is that OP has taken the money from the complainant.

11)  Accordingly, after deliberation over the material in record this Forum is of opinion that complainant’s claim is right and complainant is entitled to get relief as per prayer. Complainant is entitled to get back the Rupees which has been paid to OPs amounting to Rs. 10,65,000/-.

O R D E R

              Hence, it is ordered that the complaint case being no. 71/2017 be and the same is succeeded on contest. The three OPs are jointly and severally liable. The OP No. 1 is directed to refund Rs. 10,65,000/- along with interest @ 8% from 02.03.2017 till the date of full payment. OP No. 1 is also directed to issue Account Payee cheque in favour of complainant No. 1 & 2 by 30 days from this date of order. OPs are also directed to pay Rs. 10,000/- for mental harassment and agony of the complainants and to pay Rs. 10,000/- for litigation cost to the complainants. Failing which complainant shall take help of law for execution of this order.

              Let a plain copy of this order be supplied free of cost to both the parties.