This is a case under Section 12 of the C.P. Act, 1986. The fact of the case in a nutshell is that one A.K. Jha registered the instant Consumer Complaint on 20.02.2020 to the score that the complainant was looking forward to purchase one residential property in and around the city of Siliguri. The Opposite Party Company M/S Techno Culture Building Centre Private Limited having regional office at Sevoke Road, Siliguri has proposed to set up a project called Bastu Bihar where the complainant has intended to purchase a five-star royal bungalow in the said residential project being well attracted to get the highest amount of Luxury and convenience as promised in the broucher of the company. Covering, 7,300 sq.ft of built area in Plot No. 339 of khatian No. 1393 appertaining  to Pathorghata and a deed of agreement to sale of sale was executed between the parties to that effect on 31.03.2014 (Annexure – B). The total consideration price was fixed at Rs. 45 Lakh and the complainant in due time has paid the entire amount of consideration price time to time (Annexure – C and D).

According to the, terms of the said agreement the Opposite Party Company was bound to complete the construction of the said five-star royal bungalow within August, 2015. Subsequently, it was extended in view of the request letter dated 25.10.2016 up to March, 2017. The Opposite Parties of this case has failed to handover the possession of the said Bangalow in due time which was extended till March, 2017. The Complainant in several occasions has requested the Opposite Parties to complete the construction work and to handover the possession of the residential bungalow as soon as practicable but the O.P. Company has failed to do the same. Subsequently, finding no other alternative the complainants were compelled to serve a legal notice upon the O.P. Company on 12.12.2019 and requested the company either to perform his part of the contract or to pay back the entire consideration amount Rs. 45 Lakh along with Rs. 15 Lakh towards cost of harassment and mental agony. The Opposite Parties has intentionally paid no heed to the requests of the complainants and ultimately, the complainant was compelled to register the Consumer Complaint before this Commission. With a prayer of some reliefs mentioned in the prayer portion of the Consumer Complaint. The Consumer Complaint was admitted in due course and the Opposite Parties was served notice. The Opposite Parties in this case in spite of receiving the notice did not contest the case, rather by a letter dated 28.09.2020 addressing to this Commission mentioned that they were reluctant to appear before this Commission to contest the case and finding no other alternative the Commission has placed the case for Ex-parte hearing against the Opposite Parties. The complainant has submitted the Examination-in-Chief by swearing an Affidavit and furnished the related documents and also submitted the W.N.A. The argument of the complainant through Ld. Advocate was heard.

Decision with Reasons

That the bunch of documents along with Annexure – A, B.C.D.E.F. G and H clearly show that the Opposite Party Company has come into a contract with the complainant to handover him Five-Star Royal Bangalow measuring 7,300 sq.ft in Plot No. 339 appertaining to Khatian No. 1393 in Bastu Bihar Project at Patharghata and by virtue of this agreement to sale the Opposite Party Company has received Rs. 45 Lakh from the complainant side and ultimately the Company has failed to handover the delivery of possession of the said Five-Star Royal Bangalow till the registration of the Consumer Complaint. The documents clearly speak that the complainant has paid entire consideration price of Rs. 45 Lakh and the legal notices also suggest the fact that the O.P has deliberately flouted the terms and conditions of agreement to sale and intentionally defrauded a bonafide Consumer and grabed the entire consideration price of the said Five-Star Royal Bungalow to the tune of Rs. 45 Lakh and in this way has caused severe mental agony and immense pain and serious mental injury to the complainant. The complainant being a bonafide Consumer has every right to move before a Redressal Agency to ventilate his grievances and the Consumer Protection Act, well enough to protect the bonafide Consumers from the clutches of dishonest traders. The complainant has right cause of action to sue and t his Commission has ample jurisdiction to entertain the instant Consumer Complaint. The evidence and testimonies tendered from the end of complainant remain unchallenged and there is no barrier to allow the Consumer Complaint for its redressal.

Hence, it is ordered

That the Consumer Complaint under Section 12 of C.P. Act is hereby allowed Ex-parte against the Opposite Parties to this case with cost. The Opposite Parties to this case are asked to pay back the entire consideration price of Rs. 45 Lakh as per agreement to sale dated 31.03.2014 to the complainant within 45 days since the date of receiving copy of this order. The Opposite Parties are further asked to pay interest at the rate of 8% Per-annum over the entire consideration price of Rs. 45 Lakh since 31.03.2014 to the complainant within 45 days. The Opposite Parties are further directed to pay a sum of Rs. 1 Lakh for immense mental harassment and agony to the complainant and Rs. 5,000/- as litigation cost within 45 days. If, the Opposite Parties do not comply the order or paying the entire awarded money to the complainant within 45 days another 8% Per-annum as further interest to be imposed upon to the Opposite Parties over the entire awarded amount.

Let a copy of this order be handed over to the complainant free of cost and a copy of this order also to be sent to the address of Opposite Parties by post.