CONSUMER COMPLAINT NO: CC-138/2022
Date of Filing: 07.07.2022. Date of Disposal: 02.01.2023.
Complainant :Uttam Bhattacharjee, S/O Lt. Moni Mohan Bhattacharjee,
Resident of 3A, LIC Colony, L.L. Rai Road, A Zone, Durgapur, Durgapur Steel Town West , Dist. Paschim Barddhaman, Pin-213204.
Presently residing at C/O Gopal Aich, MS 20/12, Bengal Ambuja Complex, City Centre, P.O. & P.S. Durgapur, Dist. Paschim Barddhaman, Pin-713216.
-VERSUS -
Opposite Party : M/S Ambani Housing Development Project, Rep. by its Partner, having is office at 58, Zonal Market Complex, A-Zone, P.O. Durgapur-4, P.S. Durgapur, Dist. Paschim Bardhaman, Pin -713204.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
: Mr. Atanu Kr. Dutta. - Hon’ble Member.
Appeared for the Complainant :Sri Suvro Chakraborty Ld. Advocate.
Appeared for the Opposite Party : None.
FINAL ORDER (Ex Parte)
Order Date: 02.01.2023.
Complainant files hazira.
On 07.07.2022 the complainant Uttam Bhattacharjee has filed this case against the OP u/S 35 of the Consumer Protection Act, 2019,
The case of the complainant, in brief, is that the complainant on 08.03.2021 decided to purchase two 2BHK residential flats bearing No. 3A & 3B, measuring 900 sq. ft. & 970 sq. ft. at the 3rd floor of the project of the Opposite Party (O.P.) named Meadow Land situated at Mouza Pardai, P.S. New Township , P.O. Durgapur-6, Dist. Paschim Barddhaman along with two parking spaces for a consideration amount of Rs.50,07,500/- in total. It is pertinent to note here that as there was no 3 BHK flat at proper position of the project, the complainant decided to purchase two 2 BHK residential flats. As per verbal contract with the OP and as per their assurance the complainant paid Rs.1,00,000/- to the OP on 08.03.2021 as booking amount. At the time of receiving the said amount, the OP handed over two vouchers, two applications to the complainant but no original receipt had been provided by the OP at that time. Though the OP did not deliver any original money receipt at the time of receiving the booking amount within one week, the complainant verbally and by sending e-mails dt. 14.03.2021, requested the OP to provide original money receipt in his favour. Subsequently, the OP along with their letter dt. 21.03.2021 (Letter of Allotment) sent the money receipt being No. 148, one voucher dt. 08.03.2021 and one payment schedule to the complainant and in view of the letter d t. 21.03.2021 the OP confirmed the allotment of two 2 BHK flats and two parking spaces. Those original applications and original vouchers are s till in the custody of the complainant. He never submitted the application form before the OP at any point of time but the OP in their letter dt. 21.03.2021 has mentioned about two applications numbers which created by themselves as per their wishes. The complainant further stated that after making payment of the booking amount, the complainant decided to make remaining amount to the OP as per payment schedule by taking house building loan and for the same he applied before the LICI. On receiving the application, the authority of LICI intimated the complainant that for taking loan he should submit Agreement of Sale executed between the complainant and the OP, Chain Deeds of the plot of land where the OP was constructing their project and other documents. Being so intimated, the complainant visited the office of the OP but the OP denied to execute any agreement for sale with the complainant as well as to provide any document to him as per requirements of LICI. The complainant repeatedly requested for the same but the complainant was compelled to send e-mails on 19.03.2021 and 06.04.2021 to the OP by stating his requirements by the complainant. But in spite of receiving his two e-mails, the OP did not provide any documents to the complainant, rather they vide their e-mail dt. 07.04.2021 threatened him with some false allegations and asked the complainant to visit their office for settlement of the dispute. In that e-mail, the OP informed their decision to refund the paid amount, after deduction without any reasons. Subsequently, visiting the office of the OP, the complainant again requested to provide the required documents from them and the OP also refused to sell the above mentioned flats to the complainant verbally. Then the complainant requested the OP to return his paid amount along with interest but the OP refused to do the same. Then the complainant firstly applied to W.B.H.I.R.A and thereafter lodged a complaint before the Consumer Affairs Department, Durgapur but did not get any relief. In this way, the OP committed deficiency in service and unfair trade practice.
The cause of action arose firstly on 24.11.2021 and is still continuing.
Upon this background, the complainant prayed for directing the OP to refund Rs.1,00,000/- along with interest @ 18% p.a. from 08.03.2021 till the date of realization along with compensation of Rs.2,00,000/- for mental pain, agony and harassment and litigation cost of Rs.50,000/-.
Decision with Reasons.
In spite of receiving the copy of the notices, the OP did not come to contest the case. Accordingly, the case was heard ex parte.
In order to prove the case, the complainant prayed for treating his complaint as his evidence-on-affidavit which was granted. On perusal of the said evidence-on-affidavit, we find that the complainant corroborated the fact depicted in the complaint. The complainant also filed Xerox copies of money receipts. From the same, it appears that the OP received Rs.1, 00,000/- from the complainant as advance payment against 3A and 3B flats vide Cheque No. 697221 dt.07.03.2021on Axix Bank and the OP also issued a Letter of Allotment to the complainant vide their letter dt.21.03.2021 along with a Sketch Map of the Project. In the said situation, an agreement of sale would have been executed in between them but the complainant in his evidence sated that on several requests, the OP did not feel any necessity to make such agreement. On the other hand, he took Rs.1,00,000/- as advance for booking of the said flats and the total costs of those flats was determined as Rs.50,07,500/- and ultimately the OP did not give any documents which were required to take house building loan from the LICI and the OP also refused to refund the said money to the complainant along with refusal to deliver any documents for the purpose of taking loan by the complainant which are essential to fulfill the requirements of the complainant and the OP, to sell those flats, for which the booking was made by taking advance of Rs.1,00,000/- from the complainant.
Under the above facts and circumstances of the case, we are of opinion that the OP committed deficiency in service and negligence towards the complainant. Nothing can be disbelieved of the unchallenged evidence of the complainant.
As a result, the case succeeds.
Hence, it is
ORDERED
that the Consumer Complaint No. 138/2022 be and the same is hereby allowed ex pate against the OP, but without any cost.
The complainant is entitled to get refund of Rs.1,00,000/- (Rupees One Lakh only) from the OP along with interest and the compensation of Rs.20,000/- (Rupees Twenty Thousand only) and litigation cost of Rs.10,000/- (Rupees Ten Thousand only) .
The OP is directed to refund a sum of Rs.1,00,000/- (Rupees One Lakh only) along with interest @ 10% p.a. from 08.03.2021 to the complainant till the date of realization and the OP is also directed to pay compensation of Rs.20,000/- for mental pain, agony and harassment of the complainant along with litigation cost of Rs.10,000/- to the complainant within 45 days from the date of receipt of this order, failing which the said amounts shall carry further interest @ 10% p.a. till realization.
Let a copy of this order be given to the parties on free of cost.
