DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./371/2022
Date of Filing Date of Admission Date of Disposal
24.11.20222 09.12.2022 29.04.2024
Complainant/s:- | - Indranil Chatterjee, son of Surya Chatterjee, residing at 252, E/3, Gopal Lal Thakur Road, P.O. – Baranagar, P.S. – Baranagar, Pin – 700036, presently residing at Flat No. 8, DebRupayan Apartment, North Station Road, Agarpara, Kolkata – 700109, Pin – 700109.
- Tanushree Chatterjee, wife of Indranil Chatterjee, residing at 252, E/3, Gopal Lal Thakur Road, P.O. – Baranagar, P.S. – Baranagar, Pin – 700036, presently residing at Flat No. 8, DebRupayan Apartment, North Station Road, Agarpara, Kolkata – 700109, Pin – 700109.
-Vs- |
Opposite Party/s:- | - M/s. Evanie Infrastructure Pvt. Ltd. (PAN-AAECE5886B), having its office at 81, Golaghata, VIP Road, Jamuna Apartment, 1st Floor, Behind Shree Venkateshd Banquet, Kolkata – 700048, being represented by its director namely Mr. Supriya Patra (PANBCSPP3301E), son of Sri Asis Kumar Patra, residing at Village – Radhapur, Post Office – Madhabpur, Police Station – Bhupatinagar, Pin – 721626, District – Purba Medinipur.
- M/s. Usashi Real States Pvt. Ltd. (PAN-AAFCD0790C), having its office at Premises No. 594/1, Dakhindari road, “Bima Abasan”, Flat No. E2/1, 1st Floor, P.O. – Sreebhumi, P.S. – Lake Town, Kolkata – 700048, District 24 Parganas (North), being represented by its Authorised Signatory namely Mr. Supriya Patra (PANBCSPP3301E), son of Sri Asis Kumar Patra, residing at Village – Radhapur, Post Office – Madhabpur, Police Station – Bhupatinagar, Pin – 721626, District – Purba Medinipur.
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P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
The complainants above named filed this complaint against the aforesaid opposite parties praying for direction to execute and register sale-deed in respect of ‘B’ schedule property, in default refund of consideration money amounting to Rs. 10,56,625/- along with interest, Rs. 20,000/- as cost of the case, compensation amounting to Rs. 10,000/- and other reliefs.
They alleged that they being the purchaser of a flat entered into an agreement for sale with the O.Ps on 15/02/2018. Complainants paid Rs. 10,56,625/- in respect of aforesaid agreement dated 15/02/2018. But Opposite Party No. 1 started to show his reluctance to execute sale-deed in favour of the complainants in respect of the aforesaid flat.
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C.C. No./371/2022
Complainants knocked the door of Opposite Party No. 1 on several occasions but he did not do so. Thereafter, Complainants approached before the Assistant Director, Consumer Affairs and F.B.P, Barrackpore. But Assistant Director pleased to direct the Complainants to file a formal case against the Opposite Parties. O.P no. 1 failed complete the construction as assured by them in the aforesaid agreement dated 15/02/2018. Hence, the Complainants filed this case.
DECISION WITH REASONS:-
We have heard Ld. Advocate for the Complainants. We have also carefully gone through the petition of complaint, documents by the complainant, affidavit –in-chief filed by the complainant and BNA filed by the complainant.
On perusal of record we find that inspite of service of notice O.Ps not yet appeared in this record nor filed W/V. Case is running ex-parte against them vide order no. 4 dated 10/03/2023.
On perusal of copy of agreement for sale which was verified at the time of hearing argument we find that aforesaid agreement for sale was executed on 15/02/2018 and O.P No. 1 executed the same. In the aforesaid document value of the flat has mentioned as Rs. 16,01,925/-. Complainant stated in the petition of complaint that they paid Rs. 10,56,625/-.
On perusal of copy of aforesaid agreement we find that there is a note of payment of Rs. 4,42,940/-.
On perusal of copy of money receipt dated 21/08/2019 we find that Complainant paid Rs. 2,00,000/-.
On perusal of copy of money receipt dated 14/08/2018 we find that Complainant paid Rs. 1,40,000/-.
On perusal of copy of money receipt dated 02/03/2020 we find that Complainant paid Rs. 15,238/-.
On perusal of copy of money receipt dated 14/08/2018 we find that Complainant paid Rs. 39,400/-.
On perusal of copy of money receipt dated 02/03/2020 we find that Complainant paid Rs. 2,00,000/-.
On perusal of copy of money receipt dated 21/08/2019 we find that Complainant paid Rs. 19,047/-.
Accordingly we find Complainants paid Rs. 10,56,625/-.
Complainants further alleged that inspite of aforesaid payment O.P No. 1 did not take any steps for execution of sale-deed even he did not refund the aforesaid money as per repeated request of the Complainants.
On perusal of affidavit-in-chief filed by the Complainant we find that Complainants corroborated their aforesaid allegations in affidavit-in-chief. Aforesaid affidavit-in-chief is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
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C.C. No./371/2022
Placing reliance upon the aforesaid affidavit-in-chief we do not find any reason to disbelieve the allegation of the Complainants.
Accordingly we find that Complainants paid Rs. 10,56,625/- in favour of the O.P No. 1 and O.P no. 1 did not take any steps till date for execution of sale deed in respect of the flat which was booked through the aforesaid agreement dated 15/02/2018. Even O.P No. 1 did not refund the aforesaid money in favour of the Complainants. Such type of act of O.P no. 1 and 2 are nothing but deficiency in service as well as unfair trade practice.
On perusal of the record we find that Complainants are the consumers and Opposite Parties are the service providers.
Having regard to the aforesaid discussion we are of the firmed view that complainants have able to established their grievance by sufficient documents beyond reasonable doubt and they are entitled to relief as per their prayer.
In the result the present case succeeds.
Hence
It is
Ordered,
That the present case be and the same vide no. C.C./371/2022 is allowed on contest against the O.Ps with cost of Rs. 5,000/- (five thousand) to be paid by O.Ps in favour of the Complainants.
O.P No. 1 and 2 jointly and severally are directed to refund Rs. 10,56,625/- (ten lakhs fifty six thousands six hundred twenty five) along with interest at the rate 12% p.a. from the date of depositing of the said amount to till the date of actual payment, preferably within 45 days from this day failing which the complainant shall have liberty to put this order into execution.
O.P No. 1 and 2 jointly and severally are directed to pay Rs. 1,00,000/- (one lakh) as compensation in favour of the Complainants within 45 days from this day failing which the Complainants shall have liberty to put this order into execution.
Let the copy of this order be supplied to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
