Date of filing: 14/01/2022                                                    

Date of Judgment: 28/06/2023

Mrs. Sashi Kala Basu, Hon’ble President.

This complaint is filed by Sri Abhijit Nath under section 35 of the Consumer Protection Act, 2019, against opposite parties (referred as OPs hereinafter) namely (1) USASHI REALESTATES PVT. LTD. (2) Mr. Supriya Patra and (3) Evanie Infrastructure Pvt. Ltd. alleging deficiency in service on the part of OPs.

Case of the complainant in short is that by an agreement for sale dated 24/06/2017 entered into between the complainant and OP 1, OP 1 the developer being represented by OP 2 agreed to sell a flat along with one covered car parking space described in the 2^nd schedule Part – 1 of the said agreement at a total consideration price of Rs. 20,80,407/-. Complainant has paid total sum of Rs. 4,03,456/- out of the said total consideration price. But no construction work has been started by the opposite parties. As per the terms and conditions of the agreement for sale the project was to be completed within 30^th September, 2020 and the possession of the flat and car parking space was to be handed over within 40 months from the date of execution of the agreement for sale. Since no construction was carried out and possession of flat and car parking space not delivered, present complaint has been filed praying for directing the opposite parties to return the sum of Rs. 4,03,456/- along with interest @ 18% p.a., to pay Rs. 5,00,000/- towards harassment and litigation cost of Rs. 20,000/-.

On perusal of the record it appears that OPs did not turn up on service of notice and thus the case has been heard exparte.

So the only point requires determination is whether the complainant is entitled to the relief as prayed for?

DECISION WITH REASON

In order to substantiate his claim, complainant has filed the agreement for sale, bank statement and the money receipts. On perusal of the agreement for sale, it appears that the complainant had agreed to purchase the flat and car parking space described in Part – 1 of 2^nd schedule and as per the terms and conditions in the said agreement the construction was to be completed within 30/09/2020 and the possession of the flat and car parking space was to be handed over within 40 months from the date of execution of the said agreement for sale dated 24/06/2017. It is evident from the memo of consideration therein that a sum of Rs. 4,03,456/- has been paid by the complainant and the same has been acknowledged to have received by the OP 2 as authorised signatory of OP 1. The payment of the said sum of Rs. 4,03,456/- is further established from the bank statement filed by the complainant. Since it is the specific claim of the complainant that no construction work has been started by the OP and neither the possession has been delivered nor the money has been refunded, complainant is entitled to the refund of the sum paid by him as there is absolutely no contrary material before this commission to counter the claim of the complainant. Complainant is also entitled for compensation in the form of interest.

Hence,

             ORDERED

CC/27/2022 is allowed exparte against OPs. OPs are directed to refund Rs. 4,03,456/- to the complainant along with interest on the said sum @ 8% p.a. from the date of agreement for sale i.e. 24/06/2017, within two months from the date of communication of this order. OPs are further directed to pay litigation cost of Rs. 10,000/- to the complainant within the aforesaid period of two months. In default of payment the entire sum shall carry interest @ 8% p.a. till realisation.