Date of filing: 06.01.2021                                         

 Date of Judgment: 09.11.2022

Mrs. Sashi Kala Basu, Hon’ble President.

            This consumer complaint is filed by the complainants namely (1) Priyam Srivastava and (2) Priyaz Srivastava against opposite parties (referred as OPs hereinafter) namely (1) M/s. S. G. Construction represented by its proprietor Swapan Ghoshal, (2) Smt. Krishna Jana and (3) Smt. Purba Ghosal alleging deficiency in service on the part of the opposite parties.

            Case of the complainants in short is that by an agreement of sale dated 08.09.2014 entered into between them and the Ops, they agreed to purchase a flat as described in the second schedule of the said agreement on payment of consideration price of Rs. 2,00,000/-. Said agreement was notarised on 26.09.2014 complainants paid a total sum of Rs. 12,00,000/- out of total consideration of Rs. 20,00,000/-. But inspite of payment of Rs. 12,00,000/- OP No. 1 / developer failed to complete the construction of the proposed building. As the OP No. 1 failed to complete the construction of the building even after 06 years of the agreement complainants asked the OPs to return the sum of Rs. 12,00,000/- paid by the complainants. Opposite parties ultimately offered to return back the amount and to that effect a document was prepared and signed by the Ops on 28.04.2017. But OP No. 1 thereafter returned only a sum of Rs. 4,00,000/- and a sum of Rs. 8,00,000/- is still not paid by the OP No. 1. and withheld by the OP No. 1. So the present complaint is filed by the complainants praying for directing the OPs to return the sum of Rs. 8,00,000/- along with interest @ 12% p.a., to pay compensation of Rs. 50,000/- and 50,000/- as litigation cost.

            On perusal of the record it appears that OP No. 1 as well as OP No. 2 and 3 appeared through their Ld. respective advocates but did not take any step subsequently nor filed any written version. Thus the case was directed to be proceeded exparte.

            So the only point requires determination is whether the complainants are entitled to the reliefs as prayed for?

Decision with reasons

            In order to substantiate their claim that they agreed to purchase a flat as per agreement dated 08.09.2014 at a settled price of Rs. 12,00,000/- and that they have paid sum of Rs. 8,00,000/- out of Rs. 12,00,000/-, complainants have filed agreement entered into between the parties and the money receipts. They have also filed an agreement dated 18.09.2014 wherefrom it appears that OP No. 1 had received Rs. 7,00,000/- from the complainant. The two money receipts dated 08.09.2014 and 12.09.2014 reveals that sum of Rs. 1,00,000/- and Rs. 5,00,000/- was paid towards consideration price. So total sum of Rs. 12,00,000/- apparently has been paid to the OP No. 1. According to complainants only Rs. 4,00,000/- has been returned and Rs. 8,00,000/- is yet to be paid back by the O.P. developer. A reply has been sent by the O.P. No. 1 to complainants in response to their notice wherein it has been admitted that a sum of Rs. 8,00,000/- is due to be refunded. So since as per claim of the complainants OPs failed to handover the flat as per agreement nor the money of Rs. 8,00,000/- has been refunded, complainants are entitled to the same along with interest @ 8% p.a. in the form of compensation.

Hence

              ORDERED

CC/16/2021 is allowed exparte against OP No. 1  / developer but dismissed against OP No. 2 & 3 the owners. Opposite party no. 1 is directed to refund sum of Rs. 8,00,000/- to the complainants along with interest @ 8% p.a. on the said sum from the date of last payment i.e. 08.12.2014 to till this date, within two months in default of payment the entire sum shall carry further interest @ 8% p.a. till realisation.

OP No. 1 is further directed to pay litigation cost of Rs. 10,000/- within the aforesaid period of two months.