Briefly stated Complainants’ case is that O.P No. 1 is a company incorporated under Company’s Act, 1956. O.P No. 2 and 3 are the Directors of that Company and the O.Ps declared that they were going to construct a housing complex known as ‘Dharitri Universia’, the land details of which have been stated in the petition of complaint and said land situates under P.S Cossipore within limits of Bhagabanpur Gram Panchayet, in Dist. South 24 Parganas.
Having heard about the said project Complainants visited the office of O.Ps and expressed their intension to purchase one BHK flat ( details of which have been narrated in para 5 of the Complaint) and consideration price of that flat in question was of Rs. 16,95,000/-.
Complainants accordingly paid Rs. 1,50,000/-, Rs. 1,25,000/- and Rs. 25,000/- by three separate cheques as advance totaling Rs. 3,00,000/- and O.Ps issued money receipts on that score and by a letter dated 06.08.2018 O.Ps intimated Complainants about the allotment of that so called flat in favour of the Complainant.
Complainants also paid Rs. 800/- to the O.Ps in connection with an intimation from the end of O.Ps by a letter dated 10.01.2018 that an agreement/ MOU was required to be made and Complainants accordingly paid the said amount of Rs. 800/- for preparation of the same and to that effect on O.Ps’ behalf necessary money receipt had been issued and a Deed of Agreement (MOU) was entered into in between the parties relating to that flat in question.
Complainants allege that as no effective steps were taken by the O.Ps in respect of the aforesaid project, the husband and father of Complainant No. 1 and 2 respectively by a letter dated 25.08.2018 requested O.Ps to change the site and to allot a new flat under construction in site i.e. ‘Royal Enclave’ at Mouza Hudrait. Thereafter as per direction of the O.Ps Complainant further paid an amount of Rs. 50,000/- and to that effect O.Ps issued money receipt.
Subsequently, in response to the application dated 25.08.2018 which was received on 30.08.2018, the O.Ps by a letter dated 09.10.2018 informed Complainants that a flat No. A, measuring 750 sqft. on the First Floor of Tower 8 in Block 2 of Royal Enclave (project) and consideration money of which was fixed at Rs. 17,25,000/- was allotted for the Complainants and O.Ps also informed that a total amount of Rs. 3,50,000/- was paid by the Complainants and thereafter an agreement/ MOU was executed afresh on 12.10.2018 in between the parties and as per that agreement O.Ps were liable to complete the flat in question within December 2020 subject to payment of full and final consideration money by the Complainants.
Complainants further allege that since the date of signing of the said agreement on 12.10.2018 Complainants visited O.Ps’ office time without numbers and informed O.Ps that they are ready and willing to pay the rest consideration money and they demanded possession of the flat in question in terms of said agreement and by this way several dates, months and years were elapsed, but Complainant did not get any response from the end of O.Ps. Thereafter as Covid 19 spreaded in the Country and after lifting of lockdown period due to Covid 19, Complainants visited in the middle of the year 2020 to the office of O.Ps and O.Ps assured Complainants that flat in question would be delivered within a very short spell of time, but after waiting for a considerable period doubts were casted in the minds of the Complainants and then Complainants visited the project site and found that practically nothing was done in respect of the flat in question. At this Juncture Complainants had nothing to do, but to visit the O.Ps’ office on 14.06.2020, and the officials of O.Ps became furious and violent and deliberately told Complainants that flat in question could be delivered in favour of Complainants subject to payment of consideration money at the present market price and also threatened that in case of failure to make payment at the present market price, the O.Ps would transfer the flat in question in favour of third party and lastly O.P No. 2 and 3 asked Complainants to wait upto the period of servicing of notice to be delivered by the O.Ps upon the Complainants. But ultimately considerable time passed away and Complainants got no response from the end of O.Ps.
Complainants further allege that O.Ps have failed and neglected to refund money resulting of which Complainants have been unnecessary harassed for their no fault.
The acts and activities of the O.Ps clearly have exposed that they are deficient in service and their acts and activities clearly indicate negligent, unjust and unfair trade practice and Complainants became victims in the hands of O.Ps. resulting which Complainants have instituted this case praying for following reliefs:-
- Order for direction upon the O.Ps jointly and/or severally to refund the amount of Rs. 3,50,000/- to the Complainants with prevailing bank interest as per as applicable till realization of the said amount.
- The O.Ps jointly and/or severally be directed to pay the amount of Rs. 1,50,000/- as compensation to the Complainants on account of mental agony, pain, anxiety and unnecessary harassment.
- O.Ps be directed jointly and/or severally to pay an amount of Rs. 40,000/- as litigation cost to the Complainants and Complainants have also prayed for other/further reliefs, if any as Complainants are entitled to get under law of equity and for Natural Justice.
Point for Decision
Are the Complainants entitled to get relief/s as prayed for?
Decision with Reasons
To prove and substantiate their case Complainants have tendered evidence on 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 the documents filed by them.
It appears that in their evidence Complainants have fully corroborated the facts of the case as depicted in petition of complaint and the documents filed by them also lend support to the case of the Complainants. Thus, in view of the said evidence of the Complainants and the documents filed by them, remaining unchallenged, it is held that Complainants’ case is proved and they are entitled to have the reliefs as prayed for.
Hence, it is,
ORDERED
That the case being no. CC/33/2022 is allowed ex parte against O.P No. 1, 2 and 3 with costs.
O.Ps are hereby directed jointly and/or severally to pay/refund a sum of Rs. 3,50,000/- to the Complainants with interest @8% p.a with effect from 25.08.2018 till realization of full amount.
O.Ps are also directed jointly and/or severally to pay Rs. 50,000/- to the Complainants as compensation towards harassment, mental agony, pain and anxiety.
O.Ps are also hereby directed jointly and/or severally to pay an amount of Rs. 10,000/- towards litigation cost to the Complainants.
O.Ps are categorically directed jointly and/or severally to pay the aforesaid amount mentioned hereinabove within two months from the date of this order to the Complainants.
Let plain copy of this order be supplied to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
