Date of Filing: 26/04/2023
Date of Judgement: 21/11/2024
Smt Monihar Begum, Hon’ble President-in-Charge
BRIEF FACTS
The petitioners had made one Memorandum of Understanding (MoU) dated 07/08/2017 with the OPs in respect of one 2BHK self contained flat having an area of 650 sq.ft. more or less on 3rd floor, Block No.15, Penthouse, South East facing at Housing Complex known as ‘DHARITRI UNIVERSIA’ at Mouza Bhagabanpur, J.L.No.19 comprised in R.S. Dag No.2498 and 2499 appertaining to RS Khatian No.573, P.S. Kashipur, District South 24 Parganas at a total consideration of Rs.23,75,000/- (Twenty three lakhs seventy five thousands) only and out of the said consideration, the complainant in terms of the said Memorandum of Understanding (MoU) paid a sum of Rs.4,55,000/- and further amount of Rs.20,475/- in total Rs.4,75,475/- (Four lakhs seventy five thousand four hundred seventy five) only which was duly acknowledged by issuing valid receipts to that effect by the said OPs. OPs also agreed to complete and deliver the said Flat to the petitioners within 48 months of signing of said Memorandum of Understanding (MoU) i.e. by August 2021.
The Petitioners was shocked and surprised to see that OPs not only failed to handover the said Flat within the stipulated time period, but also failed to show any development of the said project at the site till date and stopped picking phone calls of the petitioners. They also refused to address and/or entertain the grievance of the petitioners at their registered office.
Petitioners filed a complaint dated 12/11/2021 at Bidhannagar Police station.
Thereafter on 30/05/2022 petitioners filed the complaint to the Principal Secretary, Consumer Affairs Department. Accordingly the Consumer Affairs Department issued a letter on 01/06/2022 to the OPs to appear either in person or through the authorised representative for resolving the dispute. Consumer Affairs Department tried to settle the issue through pre Litigation Mediatory Process by convening a tripartite meeting on 22/06/2022. However, the said mediatory process failed due to non attendance of OPs. After knowing the said fact, petitioners informed the OPs that they are not interested to purchase the said Flat and simply requested to refund the said part consideration amount of Rs.4,75,475/- only paid by them. The OPs gave false assurance and lame excuse to avoid the re-payment to the petitioners. OPs had the intention to deceive and defraud petitioners by withholding the said amount of Rs.4,75,475/- and the said act and conduct on the part of the OPs amounted to deficiency in service and unfair trade practice.
OPs did not contest the case and did not file any written version.
The point of consideration is that whether the petitioners is entitled to get any relief(s).
FINDINGS
Petitioners produced the evidence on affidavit and also documents including Memorandum of Understanding (MoU) dated 07/08/2017, Money Receipts dated 25/02/17, 01/03/17, 12/05/17 & 28/06/17 copy of letter dated 12/11/2021 from petitioners to the Manager of OPs. Copy of complaint from petitioners to the O.C. Bidhannagar Police Station, copy of letter dated 30/05/22 from petitioners to the Principal Secretary, Consumer Affairs Department, copy of Speed Post.
It is found from the materials on record and the money receipts of Rs.4,75,475/- that the OPs received the amount from the petitioners as part of consideration of the said Flat. In the written argument, petitioners has stated all the facts and OPs admitted the amount having been paid to them by the petitioners but they had failed and neglected to refund the earnest money to them. Petitioners claimed refund of the said amount from the OPs in this case.
We think, considering the materials on record, petitioners are entitled to get refund of the said amount along with interest @ 9% per annum from the date of Memorandum of Understanding (MoU) (7/8/2017) and also entitled to get Rs.20,000/- as compensation and Rs.8,000/- as litigation cost.
It is the OPs who are liable to pay the said amount.
Accordingly it is
ORDERED
That the instant complaint case allowed exparte against the OPs.
OPs are hereby directed to pay the amount of Rs.4,75,475/- along with interest @ 9% p.a. from the date of Memorandum of Understanding (MoU) (7/8/2017) to the petitioners within 30 days from the date of this order.
OPs are also directed to pay Rs.20,000/- towards compensation and Rs.8,000/- towards litigation cost also within the stipulated period.
The aforesaid payment shall be made by the OPs within 30 days from the date of this order failing which the petitioners shall be at liberty to proceed in accordance with law.
And also if the order is not complied by the said OPs within the above period, they are liable to pay the interest of the entire amount @12% p.a. until realisation.
Dictated and corrected by
Member
