Date of filing: 08/07/2022                                        

Date of Judgment: 02/01/2024

Mr. Sudip Niyogi, Hon’ble President.

                                                                BRIEF FACTS

Following an agreement for sale entered into between the complainants and the OPs on 23/02/2021, complainant had agreed to purchase one 800 sq. ft super built up area self-contained flat along with one 120 sq. ft. car parking space from the developer’s allocation in the building developed by the developer at premises no 367, Hochiminh Sarani, Parnasree Kolkata – 700 061 as mentioned in the scheduled to the petition of complaint at a price of Rs. 17,00,000/-. Complainant had paid Rs. 3,00,000/- by way of cheque on 23/02/2021. Subsequently she also paid Rs. 2,00,000/- by issuing two separate cheques. This apart she paid Rs. 13,000/- in cash to the said developer towards consideration. It was agreed that the said flat to be handed over to the complainant within seven months from the date of the said agreement. Subsequently she came to know that several people claim to have purchased the said flat. Ultimately complainant obtained one certified copy of the agreement for sale from the office of the ADSR Behala, wherefrom she came to know that the said flat was agreed to be sold to one Smt. Rekha Halder and when the matter was taken to the developer by the complainant he threatened her. In such a situation complainant suffered mental pain and agony and filed the instant complaint claiming for directions upon the opposite parties no. 1 & 2 to refund the money advance by her and also for payment of compensation and cost of litigation.

OP No. 2 is the proprietor of OP No. 1 firm whereas OP Nos. 3 & 4 were the land owners. None of the OPs appeared to contest this case, and therefore it was heard exparte against them.

Point for consideration is whether the complainant is entitled to any relief(s) in this case?

                                                            FINDINGS

Complainant filed her evidence on affidavit and also produced the documents including the original ones. We have gone through the same.

We found the agreement dated 23/02/2021 which was entered into between the complainant and the OP by which complainant agreed to buy the schedule flat at a consideration of Rs. 17,00.000/-. We also found the documents namely money receipts and bank pass book showing that complainant paid Rs. 50,000/- to the developer by way of cheques on different dates to the developer. Though complainant claimed to have paid Rs. 13,000/- by cash but no documents produced in this regard. However one copy of money receipt is there showing payment of Rs. 3,000/- to the developer on 22/02/2021. Complainant also produced one certified copy of the agreement for sale dated 15/12/2021 entered into between developer and one Smt. Rekha Halder in order to show that developer had made that agreement to sale her flat to a third party. In such a situation complainant decided to get back the money advanced by her to the developer. No doubt the complainant has been deceived by the acts of the developer who despite having agreed to sale the schedule flat to the complainant entered into another agreement to sale the same to somebody else. This is absolutely unfair trade practice on the part of the developer. Therefore we think the complainant should get relief in the case.

Accordingly it is

                                                         ORDERED

That the instant complaint is allowed exparte against OP Nos. 1 & 2 and dismissed against OP Nos. 3 & 4.

OP Nos. 1 & 2 is directed to refund the amount of Rs. 5,03,000/- along with interest @ 9% p.a. from the date of 21/04/2021 when the last payment was made to the complainant.

OP Nos. 1 & 2 also directed to pay Rs. 5,000/- to the complainant for cost of litigation.

The said OPs are directed to pay the aforesaid amount within 30 days from the date of this order failing which the petitioners shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

PRESIDENT