Date of Filing : 11/07/2022

Date of Judgement : 05/04/2024

Mrs. Monihar Begum, Hon’ble Presiding Member

                                                                                      BRIEF FACTS

Petitioner had booked a flat in the Project ‘Dharitri Infraventure Pvt. Ltd.  measuring 1019 sq. ft. flat on the 3^rd floor, Block-2, Flat No. A, South East at Mouza-Hudrait, Sapoorjee Bus Stop in the District North 24 Parganas, Kolkata-700135 re-allocated at a total consideration of Rs.25,47,500/-(Twenty five lakh Forty seven thousand five hundred).  The opposite parties had agreed to deliver the said flat in habitable condition to the petitioner. On repeated requests, opposite parties could not be able to complete the project.  Petitioner in total paid Rs.2,58,000/- (Two lakh fifty eight thousand) by way of different mode on different dates. 

Petitioner found that no construction work was started in the project.  So, on being dissatisfied by delayed construction in the project, he approached the opposite parties and applied for refund of his money by letter dated 12.09.2017. 

Following their said application, the opposite parties agreed to do the needful for refund of earnest money.  But they did not do anything in this regard.  So petitioner preferred this complaint seeking relief(s) in the form a direction upon the opposite parties to refund the balance amount with payment of compensation and cost of litigation.

On perusal of the record, it appears that inspite of service of notice, the Opposite Party did not take any step.  Therefore, the case proceeded for exparte hearing against them.

So, the only point that requires determination is whether the petitioner is entitled to relief(s), as prayed for.

                                                                                      FINDINGS

Petitioner filed his evidence on affidavit, corroborating his contention as made in the petition of the complaint.  These apart, several documents, were also produced on his behalf. These include, filled up Application Form for provisional allotment of flat dated 18.04.2018, Demand Letters dated 24.04.2018, 26.12.2020, 08.06.2022 requesting for refund of the advance money, track report and copy of Money Receipts etc. It is found that the opposite parties agreed to refund the amount made by the petitioner but they did not actually make any arrangement for refund.  OP did not challenge the contention of the petitioner.

Though the stipulated period for handing over the flat is yet to be expired, but as the petitioner found getting delayed in the delivery of possession of the flat from the OPs, due to unsatisfactory progress of the construction and also OPs agreed to refund the amount to the petitioner, we think there is no bar to allow the present complaint in favour of the petitioner. So on going through the materials on record we are inclined to allow the complaint.

Accordingly it is

                                                 ORDERED

that the instant CC No.403 of 2022 is allowed exparte against the opposite parties.

Opposite parties are directed to refund of Rs.2,58,000/- along with interest @9% p.a. from  the date of 18.06.2022 when the application for refund was made to the petitioner till realization.

Opposite parties are also directed to pay Rs.10,000/- to the petitioner towards cost of litigation.

Opposite parties are directed to comply with this order within 30 days from the date of this order failing which the petitioner shall be at liberty to proceed in accordance with law.

Directed and corrected by me

    Presiding Member