SMT. CHANDRIMA CHAKRABORTY, MEMBER
Claiming himself as a Complainant, Sri Dibyendu Banerjee has filed a complaint case before the District Commission for seeking appropriate relief against the Opposite Party Ms. Dharitri Infra Venture Pvt. Ltd.
In epitome, the fact sated in the complaint is that the Opposite Parties formed the company named Ms. Dharitri Infra Venture Pvt. Ltd. and proposed to sale the flats after its completion and in this regard both the Complainant and the Opposite Parties had entered into an agreement on 18.04.2017 for purchase of a flat for a total consideration amount of Rs. 20,70,000/- only. as per the agreement the comp, mentioned in the Schedule bellow and the Complainant has paid a sum of Rs. 9,14,000/- only as earnest money towards the Opposite Party and it was agreed that the balanced consideration amount will be paid as and when would be called for by the Opposite Parties. Again the Complainant has paid a sum of Rs. 41,130/- only on 23.06.2017. Thereafter the Opposite Parties has decided to change the location of the flat without informing the Complainant. The Complainant sent a notice to the Opposite Parties but after receiving the said notice, the Opposite Parties remain silent. Thereafter one representative of the Opposite Parties came to the Complainant and has agreed to cancel the said agreement and admitted to refund the total amount paid by the Complainant in some installments. And on 07.03.2020 the Opposite Parties had repaid a sum of Rs. 1,00,000/- only towards the Complainant. But thereafter the Opposite Parties kept silent and not yet refunded the balance paid amount to the Complainant.
The Complainant severally requested the Opposite parties for refunding the balance amount but the Opposite Parties paid no heed to it and never refund any further balance amount to the Complainant, what amount the unfair trade practice and deficiency in service by the Opposite Parties towards the Complainant for which the Complainant has filed this complaint for seeking adequate relief with compensation for mental agony and unnecessary harassment against the Opposite Parties.
Summons was duly issued upon the Opposite Parties, but after receiving the same none of the Opposite Parties had appear before the District Commission to defend their case nor contested the case by filing written version. So, the case is heard ex parte against the Opposite Parties and is taken up for ex parte order.
Points for consideration :
- Whether the case is maintainable and
- Whether the complainant is entitled to get the reliefs and if so, to what extent.
DECISION WITH REASONS
Perused the complaint and the documents filed by the Complainant. Heard the argument advanced by the Ld. Advocate for the Complainant. Considered.
The Complainant has filed some documents by Firisti including the MOU executed by the Directors of the Opposite Parties Co. and wherefrom the details of the payment of Rs. 9,14,000/- only made by the Complainant is shown and mode of payment is found established as described by the Complainant in the complaint petition.
The Complainant has also filed a receipt being Sl No. 3094 issued by the Opposite Parties Dharitri Infraventure Pvt. Ltd wherefrom it is found that the OP has received a sum of Rs. 41,130/- only on 28.06.2017 from the complainant through cheque of HDFC Bank, dated 28.06.2017.
The Complainant has also filed copy of a notice, sent by him to the OP Pvt. Ltd Co. by registered post with a request to inform him the proposed date of delivery of the flat and at that notice the Complainant has desirous to pay the rest consideration amount in favour of the Opposite Party and also the mode of payment thereto. The contents of this notice fully corroborate the fact stated in the complaint petition.
Admittedly, the Opposite Parties had refunded the total amount of Rs. 1,00,000/- only towards the Complainant. But failed to refund the rest amount of Rs. 8,55,000/- only in favour of the Complainant.
From the documents filed by the Complainant it is well established that the Complainant had actually paid the earnest money amounted to Rs. 9,55,000/- only to the Opposite Parties, but neither got delivery of the flat nor got any kind of assurance or promise from the OP for delivery of the same nor got the refund of the total paid earnest money from the part of the Opposite Parties.
So when there is absolutely no response from the Opposite Parties nor no once came to controvert the claim of the Complainant this Commission unanimously held that the present case is well maintainable and the Complainant is entitled to get refund of the entire money with interest and other reliefs as prayed for.
Both the issues are accordingly decided positive in favour of the Complainant.
We proceed to pass
ORDER
That the CC No. 192 of 2020 be and the same is allowed ex parte against both the Opposite Parties with cost of Rs. 5,000/ only, which is payable by the Opposite Parties to the Complainant within one month from the date of this Order.
That the Opposite Parties are jointly and severally directed to pay a sum of Rs. 8,55,000/- only to the Complainant with the interest of 10% per annum from the date of last payment i.e. from 28.06.2017 till the date of actual payment by the Opposite Parties within one month from the date of this Order.
That the Opposite Parties Co. are jointly and severally directed to pay the amount of Rs. 15,000/- only as compensation for mental agony within one month from the date of this Order.
That it is further ordered that, in default to comply the said Order within one month from the date of this Order, by the Opposite Parties towards the Complainant, the Opposite Parties are liable to pay the further a sum of Rs. 100/- only per day, as penalty, out of which Rs. 50/- only shall have to deposited towards the Consumer legal Aid Fund and the rest Rs. 50/ - only shall be payable to the Complainant.
That in failure to comply the said Order, the Complainant will be at liberty to put this order into execution.
Let a copy of this judgment be supplied to the parties free of cost.
