Dated : 30 Jun 2023

 HONBLE MR. SUDIP NIYOGI        PRESIDENT

FACTS

            The fact leading to the instant complaint, in brief, is that the complainants had entered into an agreement for sale of a flat with opposite party No. 1/Developer on 29/05/2019 on certain terms and conditions as specified in the said agreement. The said flat was to be delivered after completion of construction by 31^st October, 2019. The consideration of the said flat was Rs.7,00,000/- out of which Rs.3,00,000/- was paid to the opposite party by cheque as well as by cash. Opposite party No. 2 is the land owner situated at premises No. 109, Sarat Ghosh Garden Road, P.O- Dhakuria, P.S- Kasba, Kolkata- 700031 on which the opposite party No. 1 made construction following a development agreement with the land owner. But the opposite party No. 1/Developer failed to deliver the said flat in the said premises to the complainants as agreed upon. Complainants also lodged a complaint with the concerned police station. Thereafter, by a letter dated 07/02/2021 through their Advocate, complainants asked the developer to refund the advance amount of Rs.3,00,000/-. On 26/11/2021 opposite party No. 1/Developer by a letter agreed to refund the said amount of advance and accordingly, issued a post-dated cheque of the said amount to the complainants. Thereafter, the complainants did not present the said cheque following the request of the opposite party No. 1 before 27/02/2022 and finally on 30/03/2022 they deposited the cheque with their bank but the same was returned as payment stopped by the drawer. Now alleging unfair trade practice and deficiency in service against opposite party No. 1, complainants filed the instant complaint praying for a direction upon opposite party No. 1 for refund of the said amount of advance made by him and also for compensation etc.

            Opposite party No. 1 did not contest the case, however, opposite party No. 2 who is the land owner filed a written version but without touching anything material with regard to the complaint case.

            So, the point for consideration is whether complainants are entitled to relief(s) as prayed for.

FINDINGS

The copy of the agreement for sale dated 29/05/2019 produced on behalf of the complainants reveals that such an agreement was entered into with opposite party No. 1 by which complainants agreed to buy one residential flat measuring an area of 300 sq. ft. super built up area on the 2^nd floor of the building, the construction of which was undertaken by opposite party No. 1 at 109, Sarat Ghosh Garden Road, P.O- Dhakuria, P.S- Kasba, Kolkata- 700031 The said document also reveals that an amount of Rs.3,00,000/- was paid by the said complainants as purchasers by way of cheque and cash to opposite party No. 1. The complainants also produced a copy of the said cheque which was returned as the payment was stopped by the drawer of the cheque. So, in these circumstances, the complainants are entitled to refund of the said amount of Rs.3,00,000/- along with simple interest @9% p.a.  Apart from this, complainants are also entitled to Rs.5,000/- for litigation cost.

Accordingly, it is

ORDERED

That the instant case be and the same is allowed on contest against opposite party No. 2 and ex parte against opposite party No. 1.

Opposite party No. 1 is directed to refund the amount of Rs.3,00,000/- (Rupees Three Lakhs Only) along with simple interest @9% p.a. to the complainants.

Opposite party No. 1 is also to pay Rs.5,000/- (Rupees Five Thousand Only) to the complainants towards cost of litigation.

Opposite party No. 1 is liable to comply with this order by making the aforesaid payment to the complainants within 45 days from the date of this order, failing which complainants shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

                 President