MRS. FIROZA KHATOON, PRESIDENT
The case of the complainant in a nutshell is that the opposite party no.1 being developer floated an advertisement in the newspaper (document-1) for the project ‘New Royal Enclave’ at New Town, Phase-I. The opposite party no.2 is the booking agent of the opposite party no.1.
The complainant with an intention to purchase a flat in the ‘New Royal Enclave’ at New Town, Phase-I, on 19.07.2019 paid a sum of Rs.30,000/- (Rupees thirty thousand) only to opposite party no.2 vide banker’s cheque no.627109 drawn on Corporation Bank, Kolkata against money receipt issued by opposite party no.2 [document-2 & 2(a)]. On the same date the complainant made further payment of Rs.1,76,250/- (Rupees one lakh seventy six thousand two hundred fifty) only vide cheque no.627110 drawn on Corporation Bank, Kolkata against money receipt issued by opposite party no.1 [document-3 & 3(a)].
Thereafter on 29.07.2019 the complainant again paid a sum of Rs.2,06,250/- (Rupees two lakh six thousand two hundred fifty) only to opposite party no.2 vide cheque no.627111 drawn on Corporation Bank, Kolkata against money receipt issued by opposite party no.1 [document-4 & 4(a)]. Thereafter an Agreement for Sale dated 02.08.2019 was executed between opposite party no.1 and the complainant wherein opposite party no.1 agreed to sale a flat being flat no. ‘D’ on the Third floor, Tower no.11 measuring about 750 square feet with a two wheeler parking mentioned in schedule - A and schedule - B of the agreement for sale at a consideration of Rs.20,62,500/- (Rupees twenty lakh sixty two thousand five hundred) only for the flat and Rs.1,00,000/- (Rupees one lakh) only for two wheeler parking space and Rs.1,70,000/- (Rupees one lakh seventy thousand) only for amenity charges (document-5).
The complainant states that she found several discrepancies in the documents of the opposite party no.1. She pointed out to opposite party no.1 that there is no mentioned in the Agreement for Sale regarding the name of the project which was reflected in the advertisement paper and also in the application form including Hira certificate. Moreover, the Hira certificate reveals the description of the land as ‘Ekajul, Patharghata, New Town, Rajarhat whereas in the agreement for sale the land has been described as ‘Mouza – Hudarait, J.L. no.-54, P.S.- Rajarhat, G.P., Chandpur. This discrepancy raised a cloud upon the Title and sanction of Hira regarding the ‘land’ and ‘Approval’ of construction mentioned in the Agreement for Sale. The complainant several times requested the opposite parties to clarify the same and to provide her relevant documents related to the Title of the land mentioned in the Agreement for Sale but till date it has not been provided to her by the opposite parties. That a part, the work of construction has not been done by the opposite party no.1 in terms of the Agreement for Sale. Finding no other alternative, the complainant being a widow lady demanded refund of the paid amount, but in vain. The complainant has been compelled to file the instant case praying for refund of the paid amount of Rs.3,82,500/- (Rupees three lakh eighty two thousand five hundred) only from opposite party no.1 along with interest and refund of Rs.30,000/- (Rupees thirty thousand) only from opposite party no.2 along with interest inter alia on other reliefs.
In spite of service of notice both the opposite parties deliberately not appeared in the case and the case was proceeded ex-parte against them.
Points for decision
- Is the complainant a consumer in terms of Consumer Protection Act, 2019 ?
- Is the complainant entitled to get any relief as prayed for ?
Decision with reason
In order to prove the case the complainant submitted affidavit in chief and the documents filed in evidence are marked as follows:-
Photo copy of the advertisement (document-1); photo copy of the cheque and payment receipt issued by opposite party no.2 [document-2 & 2(a)]; photo copy of the cheque and payment receipt issued by opposite party no.1 [document-3 & 3(a)]; photo copy of the cheque and payment receipt issued by opposite party no.1 [document-4 & 4(a)]; photo copy of Agreement for Sale dated 02.08.2019 (document-5).
It reveals from the un-rebutted and unchallenged evidence and documents submitted by the complainant marked as (document-1); [document-2 & 2(a)]; [document-3 & 3(a)]; [document-4 & 4(a)] and (document-5) that she has been able to prove her case beyond shadow of doubt and entitled to get relief in the case.
From the evidence submitted by the complainant, it is crystal clear that the Title of the property and discrepancy as alleged involved has not been clarified by opposite party no.1. Moreover, the work of construction also not been completed in terms of agreement.
There is no doubt that the complainant is a consumer in terms of section 2(7) of the Consumer Protection Act, 2019.
Having regard to the discussion made above we are of the opinion that the case succeeds.
Fees paid correct.
Hence, it is
O R D E R E D
that the complaint case be and the same is allowed ex-parte against both the opposite parties.
that the opposite party no.1 is directed to refund a sum of Rs.3,82,500/- (Rupees three lakh eighty two thousand five hundred) only along with simple interest @ 12% per annum to be calculated on and from date of filing of the case i.e. 15.10.2020 within two months from the date hereof in default to pay the same interest as mentioned above till the date of payment and opposite party no.2 is directed to refund a sum of Rs.30,000/- (Rupees thirty thousand) only along with simple interest @ 12% per annum to be calculated on and from date of filing of the case i.e. 15.10.2020 within two months from the date hereof in default to pay the same interest as mentioned above till the date of payment.
the opposite party no.1 shall pay a sum of Rs.50,000/- (Rupees fifty thousand) only as compensation to the complainant within two months from the date hereof in default to pay simple interest @ 12% per annum till payment.
the opposite party no.1 is directed to pay litigation cost a sum of Rs.20,000/- (Rupees twenty thousand) only to the complainant within two months from the date hereof, in default to pay simple interest @ 12% per annum till payment.
Dictated and corrected by me
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President
