This case has been filed u/s 35 of Consumer Protection Act 2019 by the complainant alleging deficiency in service on the part of the aforementioned O.Ps.

The case of the complainant in brief is that the complainant being an intending purchaser entered into an agreement for sale on 23.02.2018 with the O.P.-developer for purchasing a flat situated at Mouza-Hudrait, J.L. no.54 R.S. no.224 at Royal Enclave project to be developed by the O.Ps. at a total consideration amount of Rs.22, 38,000/-only out of which the complainant paid a sum of Rs.6,60,000/-only to the O.P. It is stated in the petition of complaint that as per the agreement the O.Ps. were under obligation to hand over the complete flat and the car parking space in complete and habitable condition in all respect to the complainant on or before February, 2020. After passing the said period of time the complainant requested the O.Ps. for handing over the same. Thereafter, the O.Ps. by sending letter dated 31.01.2020 intimated the complainant that as per his application they have allotted him a 3BHK flat measuring 1027 sq.ft. on the 4^th floor in tower 24 at “Royal Enclave” project and subsequently the O.Ps. have cancelled all the previous allotment letter, memorandum of understanding and all other documents. However, the complainant by sending letter dated 12.03.2020, 14.04.2020, 18.04.2020 and 21.07.2020 requested the O.Ps. to deliver the peaceful and vacant possession but O.Ps. did nothing to that effect. Thereafter the complainant by sending an Advocate’s letter dated 05.12.2020 requested the same to the O.Ps. but  they did not turn up. Hence this case.

Complainant filed this case praying for direction upon the O.P. nos.1 to 3 to deliver the fully completed flat and the car parking space in favour of the complainant along with completion certificate, compensation of Rs.3,00,000 /-only, payment for delaying in delivery and litigation cost. In his alternative prayer complainant has prayed for refund of Rs.6,60,000/-only along with interest @18%p.a. from the date of passing order.

Notice has been served upon all the O.Ps. In spite of that none appeared on behalf of the OPs and no written version has been filed on behalf of the O.Ps. Hence the case was proceeded ex parte against all the O.Ps. vide order no.6 dated 02.09.2022.

                                                      Decision with reasons

In order to prove his case, the complainant Sri Mahitosh Das adduced evidence on affidavit and BNA. In his BNA, the Complainant stated that he entered into the agreement for sale dated 23.02.2018 with the OPs that  remained under the custody of the OPs for which the Complainant adduced the photocopy of the same without any signature of the parties.

The Complainant relied upon the  money receipts issued by the OPs from where it appears that complainant paid Rs.50,000/-only on 05.06.2018, Rs.50,000/-only on 06.05.2018, Rs.50,000/-only on 21.04.2018, Rs.1,00,000/-only on 16.02.2018, Rs.1,00,000/-only on 23.02.2018, Rs.30,000/-only on 22.10.2016, Rs.30,000/only on 17.09.2016, Rs.30,000/-only on 16.07.2016, Rs.95,000/-only on 22.03.2016, Rs.1,25,000/-only on 10.08.2015 totaling Rs.6,60,000/-only towards the consideration amount to the O.P.-Dharitri Infraventure Pvt. Ltd.  

 From the letter dated 31.01.2020 it appears that the O.Ps on the basis of the application of the complainant being no. NRE0098 dated 16.02.2018 allotted a 3BHK flat admeasuring 1027 sq.ft. on the 4^th floor in tower- 24, being flat no.4A in the project “Royal Enclave”. Therefore, it is evident that receiving such amount from the Complainant O.Ps. were under obligation to hand over the said flat to the complainant.

 The letter dated 05.12.2020 sent by the complainant to the O.Ps. proves that the allotted flat has not been delivered to the complainant. It appears that complainant made payment from the year 2015 to 2018 but till date neither the O.Ps. handed over the flat in favour of the Complainant nor they informed him about the status of the  project which amounts to deficiency in service on the part of the OPs.

In view of the above discussion we are of the opinion that the Complainant has fully corroborated with the case and hes is entitled to get the reliefs as prayed for.

Since the complainant paid Rs.6,60,000/-only in the year 2018, in our opinion a direction should be given for payment of interest @9%p.a on the deposited amount in the form of compensation  to the OPs .

Further the inaction of the O.Ps. compelled the complainant to file this case, therefore, they are also liable to pay the cost of litigation.

In the result, the petition of complaint succeeds.

                               Hence, it is,

                                                             Ordered

that the complainant case being no.CC/107/2022 is allowed ex parte against the O.Ps with cost.

O.Ps. are directed to refund Rs.6, 60,000/-only along with interest @9%p.a. from the date of each deposited amount till realization in the form of compensation to the complainant within 45 days from this date of order.

O.Ps. are further directed to pay Rs.20, 000/-only as litigation cost to the complainant within the aforesaid period failing which the entire amount shall carry interest @12%p.a.

Let plain copy of this order be supplied to the parties free of cost.

Dictated and Corrected by

HON'BLE MRS. Sagarika Sarkar]
MEMBER