This is a complaint made by Sri Rabindra Nath Mahato son of Sri Pada Mahato residing at Block ‘B’ Room No.16, Fourth Floor, 31/A, Belvedere Road, P.S. Alipore, Kolkata-700027 against Sri Mintu Goswami and Sri Jhantu Goswami praying for an order for compensation of Rs.19,00,000/- and Rs.10,000/- as cost of the case and Rs.10,000/- for damages and for handing over possession of the flat and registration alternatively refund of the amount with interest.
Facts, in brief, are that OP No.1 is a developer. OP No.2 is a introducer of the developer and OP No.3 & 4 are the owners of the land.
Complainant entered into an agreement for sale with the developer Mintu Goswami on 17/5/2014 for purchasing a flat at premises No.125/1/N, Kailash Ghosh Road, P.S. Haridevpur, Kolkata-700008. As per the agreement developer agreed to sale a flat of 750 Sq. ft. super built up area consisting of two bed rooms, one dining, one kitchen, one toilet, one W.C., and one verandah together with undivided proportionate share of land at a price of Rs.16,00,000/- lakhs . Complainant paid Rs.1,00,000/- in cash as earnest money and also paid by cheque No.640836 dt.17/5/2014 for Rs.7,50,000/- and Cheque No.640837 dt.30/12/2014 for Rs.3,00,000/- thus total being Rs.11,50,000/- out of total consideration money of Rs.16,00,000/- . Complainant requested the developer to hand over khas possession of the flat within ten months from the date of execution of agreement for sale. But developer did not pay any heed to the request. Developer deliberately neglected to hand over the flat. Complainant is still ready and willing to purchase the flat after payment of the balance consideration money. Complainant issue a notice through his Ld. Advocate Smt. Kalpana Das on 22/4/2016 which returned back marked as “not found”. So Complainant filed this case.
On the basis of above facts Complaint was admitted and date was fixed for filing written version. But since OP did not appear, the case was heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint. Further, Complainant has filed Xerox copy of the agreement for sale which has been signed by Sri Mintu Goswami and Rabindra Nath Mahato.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for. Complainant has filed Advocate’s letter wherein he has mentioned that he has paid Rs.11,50,000/-.Further it appears that letter mentions that total Rs.11,50,000/- was paid.
However, on perusal of the agreement for sale it appears that on the 6th page there is over writing over the amount mentioned on page No.12. Only Rs.8,50,000/- is mentioned except this no receipt has been filed on behalf of the Complainant to establish that he paid Rs.11,50,000/- . In the circumstances it is clear that Complainant failed to prove the allegations which he brought before this Forum. Since there is over writing in respect of payment of the amount to the developer this Forum is not in a position to pass any specific order and there is no alternative but to dismiss this comnplaint.
Hence,
O R D E R E D
CC/267/2016 and the same is considered and dismissed ex-parte.
