Date of Filing: 25/11/2020

Date of Judgement : 03/01/2024

Sri Sudip Niyogi, Hon’ble President

                                                               BRIEF FACTS

On being allured by OP 2 & 3, complainants had entered into an agreement for sale dt. 24/7/2013 with them in order to buy one 1200 sq.ft. super built up area flat alongwith one garage space which were described in the schedule to the petition of complaint at a consideration of Rs.35 lakh, out of which they made advance of Rs.18 lakh by making payment on different dates.  It was agreed that within 24 months, the flat and the garage space would be handed over to them.  But the OPs did not complete the construction despite repeated requests. Subsequently, OPs asked the complainants to get refund of the money paid to them but they did not set back the amount.  Finally, they filed this complaint praying for a direction upon the OPs to complete the flat and execute the deed of conveyance for the flat and also the car parking space or in default refund of the amount advanced by them.  Also prayed for compensation and cost of litigation etc.

OPs filed one written version claiming that complainant failed to make payment in accordance with the payment schedule as per the agreement for sale and then requested the complainants to cancel the said agreement and get back the money paid by them.  They also claimed that one civil suit is pending at the instance of the land owners at Alipore Court where an interim order of injunction was passed and that is why they are not in a position to transfer the flat. 

Complainants filed evidence-in-chief on affidavit and they also gave replies to the questionnaire issued by the OPs.  However, no evidence was given by the OPs.  Complainants also filed one Brief Notes of Argument and also documents in support of their claim.

Now, the point for determination is whether the complainant  is entitled to any relief (s) in this case?

                                                                  FINDINGS

During argument, Ld. Advocate appearing for the complainant submitted that the scheduled flat was already disposed of by the OPs to a third party and in respect of which complainants could procure a document, which is copy of a sale deed which would reveal the claim.  In the written argument also, that matter was stated.

Complainants also produced the copies of the money receipts issued by the OPs on getting payment from the them. In fact, the OPs did not deny the payment of Rs.18 lakh in total by the complainants towards the consideration of the scheduled flat.  Though alternative claims were made in the prayer of the petition of complaint, however, in the written argument, the complainants prayed for refund of the amount of advance made by them as also the amount of compensation and cost of litigation.  Having gone through the materials on record, we opine that an order is required to be made in favour of the complainants directing the OPs to refund the amount of Rs.18 lakh which was paid by them alongwith simple interest @9% per annum.

Complainants are also entitled to Rs.8,000/- towards cost of litigation.  As interest is allowed on the prayed amount, no separate order is passed for payment of compensation in favour of the complainants.

Hence, it is

                                                  ORDERED

That the instant complaint stands allowed on contest against the OPs.

OPs are directed to refund Rs.18 lakh to the complainants alongwith simple interest @9% per annum from the date of 4/12/2017, when the last payment of Rs.1 lakh was made until realization.

OPs are also directed to pay Rs.8,000/- towards cost of litigation to the complainants.

The aforesaid order shall be complied within 45 days from the date of this order, failing which, the complainants shall be at liberty to take steps in accordance with law.

Dictated and corrected by me

PRESIDENT