DATE OF FILING : 25.03.2015.
DATE OF S/R : 03.11.2015.
DATE OF FINAL ORDER : 22.02.2016.
Sri Palash Das
son of Late Kailash Nath Das
by faith Hindu, by occupation service
residing at vill Amta(Chandani),
P.O. and P.S Amta,
Dist Howrah……………………………………………….COMPLAINANT.
1. M/S Mahakaleswar Construction,
Proprietorship Firm Propertors Raja Ram Roy,
office at 21 Dr. P.N. Mukherjee Street,
P.O. and P.s. Sreerampur
Hooghly, 712201
2. Raja Ram Roy,
S/O late Nemo Roy,
21 Dr. P.N. Mukherjee street
P.O. and P.S. Sreerampur
Hooghly 712201
3. M/S Parbati Complex,
2, Ghosh Para Road, Badamtala
P.O. Bengal Bhamal P.S. Noapara
Dist 24 Parganas (North) 700120
4. Mr. Chandrika Pasi
S/O Ram Sakal Pasi,
U/2/1, Bhairav Dutta Lane, Salkia
P.S. Golabari
Dist Howrah 711 106
5. Smt. Sabitria Devi,
W/O Sri Chandrika Pasi,
U/2/1, Bhairav Dutta Lane, Salkia
P.S. Golabari
Dist Howrah 711 106
PIN 711204. …………………………………………......…OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, namely, Shri Palash Das, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund Rs. 3,65,00/- together with interest @ 18% p.a. alternatively to deliver the possession of the flat in question after taking the balance consideration amount, to pay Rs. 2,00,000/- as compensation along with litigation costs and other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainant that even after receiving a total amount of Rs. 4,15,000/- vide Annexures Agreement For Sale dated 05.07.2011, notarized on 05/08/2011 out of total consideration price of Rs. 8,25,000/- towards the sale price of flat no. 5 measuring about 750 sq. ft. ( 1st floor ), o.p. no. 1, being represented by o.p. no. 2, has failed to deliver the possession of the schedule flat in terms of the Agreement For Sale dated 05.8.2011 till date. As per the agreement dated 05.8.2011, it was agreed that the possession would be made over in a complete manner within December, 2011 but o.p. nos. 1 & 2 failed to do that till 2013 so the complainant wrote a letter to o.p. nos. 1 & 2 requesting them to refund the total advance amount being Rs. 4,15,000/- paid by the complainant and o.p. nos. 1 & 2 paid back Rs. 50,000/- to the complainant but remained silent about the payment of Rs. 3,65,000/- till date which ultimately compelled the complainant to file this instant petition with the aforesaid prayers.
- Notices were served. The o.ps. did not appear and file any written version. Accordingly, the case was heard ex parte against the o.ps.
- Two points arose for determination :
i) Are there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the documents filed by the complainant and noted its contents. But on perusal of the memo of consideration annexed with Agreement For Sale it is clear that complainant has already paid Rs. 4,15,000/- to the o.p.s 1 and 2 out of the total consideration amount of Rs 8,25,500/- towards the purchase price of the schedule mentioned flat in 2011 and 2012. And as per the terms of that Agreement, O.Ps. 1 and 2 were supposed to deliver the possession within December 2011. But they failed to do that. thereby caused a severe mental and physical harassment to the complainant . Ultimately, after receiving a letter, o.ps 1and 2 returned Rs. 50,000 to the complainant in 2013. But they did not care to return a huge amount of Rs. 3,65,000 till date. Shelter is a basic need. To run one’s life smoothly, it is the urgent need. By not delivering the possession of the flat to the complainant, o.p.s 1and 2 have shown severe negligence of a great deal which should not be allowed to be perpetuated any more. Moreover , even after receiving the notice of this Forum, they did not care to appear before this Fofum and to file w/v which clearly shows that they have nothing to put forward in their favour. So, all allegations of the complainant against o.ps remained unchallenged and uncontroverted. But o.ps 3, 4 and 5 did not take any amount from the complainant. So we are of candid opinion that it is a fit case where the prayers of the complainant shall be allowed against o.ps 1 and 2. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 115 of 2015 ( HDF 115 of 2015 ) be allowed ex parte with costs against the O.Pnos 1 and 2 and dismissed ex parte against o.p nos. 3, 4 and 5 without cost.
That the O.P.nos. 1 and 2 are directed to return the balance amount being ( Rs. 4,15,500 – Rs, 50,000/- ) = Rs. 3,65,000/- to the complainant within 30 days from the date of this order
The complainant do get an award of Rs. 20,000/- as compensation toward mental agony and harassment and Rs. 5,000/- as litigation costs and the o.p. nos 1 and 2. Are directed to pay the same within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on Rs.3,90,000/- till actual payment.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
