West Bengal

Bankura

CC/14/2017

Nanda Mukherjee - Complainant(s)

Versus

M/s Rubi Construction - Opp.Party(s)

Jayanta Kumar Mukherjee

24 Jul 2023

ORDER

                           IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION,  BANKURA

  Consumer Complaint No. 14/2017

Date of Filing: 17.02.2017

Before:                                                                             

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P. : Ld. Advocate Samir Banerjee

 

Complainant

Nanda Mukherjee, W/o Late Mohini Mohan Mukherjee, at Kuchkuchia Road, Bankura

 Opposite Party

1.M/s Rubi Construction, Idga Mahalla, Bankura (Principal O.P.) &

2.Nandagopal Sengupta 3. Nabin Gopal Sengupta 4. Prasanta Kr. Sengupta 5.Saradindu Sengupta 6.Smt. Minati Sen (Sengupta) 7. Smt. Moloya Chowdhury (Sengupta) 8.Smt. Seema Sarkar (Sengupta) (Proforma O.P.s)

 

FINAL ORDER / JUDGEMENT  

Order No.42

Dated:24-07-2023

Complainant files hazira through advocate.

No step is taken by the O.P.s

The case is fixed for argument. After hearing arguments from the Complainant the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he entered into an agreement for sale with O.P.1 for purchase of a Residential flat as described in Schedule-A to the Complaint for Rs.10,00,000/- on 09/09/2015 and he paid in all Rs.8,00,000/- on different dates viz Rs.2.5 Lakh by Draft under Money Receipt dated:09/09/2015, Rs.2.5 Lakh by Draft under Money Receipt dated: 09/11/2015, Rs.1 Lakh by Cheque under Money Reciept dated: 08/01/2016, Rs.1 Lakh by Cheque under Money Reciept dated: 12/02/2016 and lastly Rs.1 Lakh by Cheque under Money Reciept dated: 28/06/2016. The O.P. could not completed the construction of the flat and other ancillary works according to the terms and conditions of the agreement. On demand the O.P. refused to return the said consideration money of Rs.8 Lakh. Hence the Complainant has approached this Commission for appropriate relief.

                                                                                                                                                                          Contd……p/2

                                                                                                           Page: 2

Though the O.P.1 appeared before this Commission but no W.V. was filed on their behalf though a joint W.V. was filed on behalf of O.P.2 to 8 who are partners of O.P. 1 Real Estate Company. Except denial nothing has been disclosed in the W.V. regarding repayment of the consideration money.

-: Decision with reasons: -

Having regard to the facts of the case, submission, contentions and documents on record  particularly the agreement for sale dated: 09/09/2015 and the Money Reciepts the Commission finds that the O.P.s have failed to discharge their duties by non-construction of the flat and non-delivery of possession in favour of the Complainant according to the terms and conditions of the contract and as such they are liable to pay back the consideration money of Rs.8 Lakh already advanced by the Complainant for the same with the compensation. There is no forfeiture Clause in the agreement for sale and the O.P.s have not pleaded for the same in the W.S. The Complainant is therefore entitled to get Rs.8 Lakh as the advance consideration money with compensation of Rs.2 Lakh for such delay and lapses in repaying the consideration money and not completing the construction of the flat with other ancillaries.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed on contest against O.P. 2 to 8 but Ex-Parte against O.P.1 but without cost.

The O.P.s are directed jointly and severally to pay to the Complainant Rs.8 Lakh with compensation of Rs.2 Lakh in all Rs.10 Lakh within a month from this date in default the law will take its own course.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________             _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER         HON’BLE MEMBER