Date of Filing : 02/12/2022

Date of Judgement: 25/11/2024

Smt Monihar Begum, Hon’ble President-in-Charge

BRIEF FACTS

The Petitioners had made an agreement for sale on 20/03/2018 with the OP in respect of one self contained 2BHK Flat having total covered area of 522.74 sq.ft. consisting of 2 Bed Rooms, one Drawing cum Dining , one Kitchen, one Toilet , 1 W.C. , 2 open terraces on the second floor  North West of the said building in the housing complex known as ‘KING TOWN NEW TOWN’ from the owners cum developer’s allocation situated at Mouza – Jingacha, J.L.No.25, Pargana – Balanda, Touzi No.586 comprised in various Khatian under Police Station – Kassipore (formerly Bhangar) within the limit of Bhagabanpur gram Panchayet South 24 Parganas for a consideration of Rs.12,97,754/- ( Twelve lakhs ninety seven thousand seven hundred fifty four) only and out of the said consideration amount, the petitioners paid Rs.3,61,934/- (three lakhs sixty one thousand and nine hundred thirty four) only which was duly acknowledged by issuing valid receipts to that effect by the said OP.  OP also agreed to deliver the said flat to the petitioners within the period mentioned in the said agreement dated 20/03/2018.

The petitioners contacted over telephone to the OP about the development of the said project and OP stopped picking phone calls of them. Petitioners having no other alternative, physically visited the Office of the OP but there was no fruitful result.

OP concerned failed and neglected to communicate with the petitioners after receipt of the last payment dated 15/03/2018.  Again they were compelled to visit the project site to see the progress of work of the said project but was shocked as there no construction work was in progress.  The OP concerned did not provide them any satisfactory information about the status of the said housing project.  After knowing the said fact petitioners informed the OP that they are no longer interested to purchase the said Flat and simply requested to refund the said part consideration amounting to Rs.3,61,934/- (Three lakhs sixty one thousand nine hundred thirty four) only paid by them.  The OP gave false assurance and lame excuse to avoid the repayment to the petitioners.  OP had the intention to deceive and defraud the petitioners by withholding the said amount of Rs.3,61,934/- and the said act and conduct on the part of the OP amounted to deficiency in service and unfair trade practice.  Lastly finding no other alternative the petitioners lodged complaint against the OP before this Commission praying for refund of the entire booking amount and part payment of Rs.3,16,934/- along with 18% interest till date and Rs.5,00,000/- for punitive damage and Rs.5,00,000/- for compensation and Rs.50,000/- for litigation cost and such other relief(s).

Upon notice, the OP contested the case by filing one written version denying and disputing all the allegations made out in the complaint petition and also denied the allegations of deficiency in service and unfair trade practice.

Ld Advocate for the petitioners files Xerox copy of Application Form, Xerox copy of booking receipt of Rs.20,000/- dated 09/05/2017, Xerox copy of receipt voucher by Ushashi Real Estate Pvt Ltd dated 08/07/2017, Xerox copy of Cheque dated 09/05/2017, 08/05/2017, another receipt voucher dated 05/12/2017, 05/03/2018, Xerox copy of agreement for sale dated 20/03/2018 and copy of other relevant documents.

Point of consideration is whether the petitioners are entitled to get any relief(s) as prayed for?

DECISION WITH REASONS

It is admitted fact that the petitioners have prayed for  refund of Rs.3,61,934/-.  In order to prove the allegations, petitioners had filed all the relevant documents which reveals that petitioners paid Rs.3,61,934/- for purchasing the said flat to the OP. In the written argument, the petitioners have stated all the facts and OP admitted the amount having been paid to them by the petitioners but they failed and neglected to refund the earnest money to them.  Petitioners claimed refund of the said amount from the OP in this case.

We think considering the materials on record, petitioners are entitled to get refund of the said amount along with interest @9% p.a. from the date of agreement dated 20/03/2018 and also entitled to get Rs.25,000/- as compensation and Rs.8,000/- towards litigation cost.

Accordingly it is

ORDERED

That the CC Case No.665/2022 is allowed on contest against the OP.

OP is directed to refund Rs.3,61,934/- along with 9% interest p.a. from the date of agreement i.e. 20.03.2018 to the petitioners within 45 days from the date of this order.

OP is further directed to pay Rs.25,000/- as compensation and Rs.8,000/- as litigation cost within the aforesaid period. In default of payment, the entire sum shall carry interest @12% p.a. till realisation and complainant is at liberty to file an application for enforcement of the final order as per provisions of law.

 Dictated and corrected by

            Member