In brief Complainants’ Case is that O.P No. 1 to 4 being builders and developers render service for consideration to the intending purchaser of flat constructed or to be constructed by the said O.Ps.
Complainants further state that O.P No. 1 to 3 are also the owners/developers/builders of the property situated at Mouza Bhagabanpur, J.L No. 10, R.S No. 2498 and 2499, Khatian No. 573, Dist. 24 Parganas (South), P.S- Kashipur and said property is a housing complex known as ‘Dharitri Universia’.
Further case of the Complainants is that they entered into an agreement for sale with the O.Ps on 23.11.2017 for purchasing a flat being no. ‘H’ having 500 Sqft. On the 6th floor in Block 14 for a consideration of Rs. 15,85,000/- for residential purpose and accordingly gave advance a sum of Rs. 2,40,000 plus Rs. 10,000/- to the O.Ps through Cheques.
Thereafter, Complainants visited the site of the said project and the O.Ps informed the Complainants that project had been cancelled due to land acquisition problem and they had insisted Complainants to involve with their another project situated at Mouza Doharia and Village-Methopara under previous P.S- Barasat, now present P.S- Madhyamgram and said project is a housing complex known as ‘Dharitri Tritanium’. Accordingly, Complainants became agreed and further invested Rs. 1,10,000/- and Rs. 30,000/- by two Cheques for purchasing a self-contained residential 2BHK Flat having 768 Sqft. more or less on 3rd floor, Block I, being flat no. A2, South facing including one covered car parking space.
Complainants also state that regarding bank verification of query of this project for their loan processing purpose it appeared that the O.Ps relating to ‘Dharitri Tritenium’ project are totally defaulter and O.Ps made false commitment to the Complainanst and O.Ps could not submit legal documents to the Complainants as those were required in connection with loan purpose to be granted by the Bank.
Complainants further state that then Complainants asked O.Ps to refund their entire money of Rs. 3,90,000/- but O.Ps have failed to return the same to the Complainants, though Complainants tried their best to contact over telephone and email on several time with O.Ps regarding advance amount. That Complainants had suffered worst at the hands of the O.Ps and O.Ps are guilty for deficiency in service. Accordingly Complainants have prayed for following reliefs.
- Direction upon the O.Ps to refund the advance amount of Rs. 3,90,000/-.
- Direction upon the O.Ps to pay compensation to the Complainant for causing harassment and mental agony.
- Direction upon the O.Ps to pay a sum of Rs. 50,000/- towards cost of litigation to the Complainants.
Though O.Ps appeared but they did not contest the case. Accordingly instant case was proceeded ex parte against all the O.Ps.
Point for decision
Are the Complainants entitled to get reliefs as prayed for?
Decision with reasons
To prove the case Complainants have tendered their written examination in chief supported by an affidavit and they have also filed photocopies of all relevant documents in support of their case.
This Commission has gone through the said evidence of Complainants and documents filed by them.
It appears that in their evidence Complainants have fully corroborated their case as depicted in the petition of complaint. So, in view of the said evidence of the Complainants and the documents filed by them, remaining un-challenged, 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 case being no. CC 530/2022 be and same is allowed ex parte against the O.Ps with costs.
O.Ps are hereby directed to pay to the Complainants a sum of Rs. 3,90,000/- to the Complainants 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 causing harassment and mental agony within two months from the date of this order.
O.Ps are also directed to pay a sum of Rs. 10,000/- to the Complainants towards litigation cost within two months from the date of this order.
Let plain copy of this order be given to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
