Complainants’ case is that O.P. 1 a construction company running a business of developing projects. O.P. 2 is the Director of O.P. 1. O.P. 3 is the landowner in respect of land mentioned in respect of the land in question (details of land) has been mentioned in paragraph no. 2 of petition of complaint.

That being allured by the attractive advertisement complainants have decided to purchase a flat at one of the project of the projects of O.P. 1. and subsequently after detailed discussion with O.P./developer, the complainants had entered into a memorandum of understanding with the O.P. on 20.03.2018 to purchase a flat being No. D4 consisting of 2(two) bedrooms, 1 (one) hall room, 1(one) kitchen on the 3^rd Floor of, Block – 1, Tower No. 25 measuring about 550 Sq.ft. together with an open car parking space and the undivided impartible proportionate share of land underneath thereto at a total consideration of Rs. 13,05,000/-. That prior to execution of memorandum of understanding dated 20.03.2018, complainants paid the booking amount and thereafter paid further amount in total Rs. 2,31,000/- and in addition complainants paid Rs. 800/- as legal charges to the O.P./developer.

The said memorandum of understanding transpires that within 48 months from the date of signing of memorandum of understanding said unit will be completed by the developer.

Complainants allege that meanwhile despite receiving the booking money, O.Ps. showed their inability to handover the flat in question within stipulated period, had offered complainants to purchase another flat in another project of the O.Ps. namely ‘Royal Enclave’ situates at Mouza – Hudrait, Sapurji Bus Stop, North 24 Parganas, Kolkata – 700135, upon cancellation of said flat. Accordingly, upon realizing that project, Dharitri Icon where initially such booking was done, was far from completion, having no other alternative, such proposal of O.Ps. was duly accepted by the complainants and accordingly on 14.06.2019 complainants made further payment to the tune of Rs. 1,00,000/- through cheque for the said flat and on the same day an allotment letter was issued in favour of the complainants giving details of the new booking in respect of the flat in question and it was verbal condition and assurance was on the part of O.Ps. that within one week time O.Ps. would provide them with a new memorandum of understanding in respect of the flat intended to be taken by the complainants in the Royal Enclave Project, but unfortunately O.Ps. never bothered to provide such memorandum of understanding.

Complainants had personally contacted and visited the office of O.P./developer and requested for providing this MOU as well as the exact time when the said flat was handed over to them but O.P./developer never exhibited any cooperation in the matter. Thereafter on 04.03.2020, complainants had received a call from the office of O.P./developer requesting them to visit the office since they had something importance to discuss with the complainants and complainants going there came to learn that Royal Enclave Project stood cancelled and that there shall not be any construction work. Accordingly, complainants were requested to fill in some form for cancellation of the allotment and after which they shall be refunded the total amount paid by the complainants to the tune of Rs. 1,31,000/-. Complainants also allege that by E-mail on different dates by the O.Ps. which are nothing but to dupe the complainants to cancel the allotment and then leave them with no refund save and except a nominal amount of Rs. 20,000/-. Complainants also allege that O.Ps. again e-mailed complainants for refunding their money subject to deduction of service tax and GST within 20 to 25 days. Accordingly, complainants were forced to send e-mail on 30.05.2022 enquiring the status of their refund and seeking explanation from O.Ps. But no response from O.Ps.’ end.

Being aggrieved by and dissatisfied with the conduction of O.P./developer for adopting unfair trade practices and deficiency in rendering service as a builder, the complainants instituted the present case and have prayed for following reliefs :-

1. to handover the physical possession of the completed flat in question in project namely ‘Royal Enclave’ categorically mentioned in the allotment letter dated 14.06.2019 and to execute and register the deed of conveyance in respect of said flat in question in the name of the complainants upon receipt of the balance consideration amount.
2. to handover the completion certificate in favour of the complainants in respect of flat in question.
3. to pay compensation to the tune of Rs. 1,50,000/-, for mental harassment and agony, Rs. 1,00,000/- as punitive damages for unfair trade practice and Rs. 50,000/- as litigation cost along with interest @ 18% per annum on the amount paid i.e. Rs. 3,31,000/-.

OR AS AN ALTERNATIVE

1. Rs. 3,31,000/- together with compensation to the tune of Rs. 1,50,000/- for mental harassment and agony, Rs. 1,00,000/- as punitive damages for unfair trade practices and Rs. 50,000/- as litigation cost along with interest @ 18% per annum on the amount paid by the complainants Rs. 3,31,000/- till the adjudication of the instant complaint.

Point for decision

Are the complainants entitled to get relief/reliefs as prayed for?

Decision for reasons

To prove their case complainant no. 2 has tendered evidence on affidavit on his behalf and on behalf of the O.P. no. 1 and that apart on behalf of the complainants photocopies of all relevant documents have also been filed in support of their case.

This Commission has gone through the said evidence of the complainants and the photocopies of documents filed by them.

It appears that in their evidence, the complainants fully corroborated their case as depicted on the petition of complaint and the photocopies of documents filed by them also lend support to the case of the complainants. So, in view of the said evidence of the complainants and the photocopies of documents filed by them, remaining unchallenged, it is held that the complainants’ case is proved and they are entitled to get the reliefs as sought for.

Hence, it is,

Ordered

        that the instant complaint case being No. CC/535/2022 is allowed ex-parte against the O.P. Nos. 1, 2 and 3 with cost.

O.Ps. are directed to hand over physical possession of the completed flat in question in the project namely ‘Royal Enclave’, and to execute and register the deed of conveyance in respect of the said flat in the names of complainants upon receipt of the balance consideration amount within two months from the date of this order.

O.Ps. are also directed to pay compensation of Rs. 50,000/- to the complainants for mental harassment and agony within two months from the date of this order.

O.Ps. are also directed to hand over the completion certificate in respect of the flat in question to the complainants within two months from the date of this order.

Alternatively, O.P. Nos. 1, 2 and 3 are categorically directed to pay to the complainants Rs. 3,31,800/- (Three lakh thirty one thousand eight hundred) with interest @ 8% per annum within effect from 14.06.2019 till realization of the full amount and the entire amount should be paid by the O.Ps. within two months from the date of this order.

O.Ps. are also directed to pay Rs. 50,000/- to the complainants for compensation towards mental harassment and agony within two months from the date of this order.

O.Ps. are also directed to pay litigation cost of Rs. 10,000/- to the complainants within two months from the date of this order.

Let plain copy of this order be handed over to the parties free of cost as per C.P.R.

Dictated and corrected by

 [HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT