Date of Filing : 07/12/2022
Date of Judgement : 26/11/2024
Mrs. Monihar Begum, Hon’ble President-In-Charge
BRIEF FACTS
The complainant’s wife Late Anneswa Bhattacharyye had made an agreement for sale on 10/12/2011 with the OP M/s. BROADWAY REALTORS PRIVATE LIMITED represented by its Managing Director, Mr. Arun Kumar Sarkar, S/o Late Prodosh Chandra Sarkar in respect of purchasing the Plot bearing No. AJ/09 measuring about 2 cottahs under Mouza : Tarahadia, J.L. No. 13, Scheme Plan No. SA/BR/RAJARHAT/01, Dist. 24 Parganas at a consideration of Rs.10,00,000/- (Rupees Ten Lakh) only, out of which, complainant’s wife paid Rs.8,95,017/- which was duly acknowledged by issued valid receipt to that effect by the said OP. OP also agreed to deliver the said Plot of land after developing and constructing metal road to reach the Plots of land alongwith surface side drains and other necessary works pertaining to the basic infrastructure and registration of the said Plot.
When Complainant’s wife asked the OP about development of the said Plot of land, OP failed to give any satisfactory answer in this respect. For non co-operation of the OP, complainant was depressed and suffered from mental anxieties, tension for loss of her hard earned money. Complainant finally died on 24/11/2021 intestate leaving behind her husband and two minor son and daughter as legal heirs.
Complainant himself alongwith his wife (before death) visited several times to the office of OPs to know about the progress of the said project, but every time OP made false commitment and assurance. The OP did not provide them any satisfactory information about the status of the said project. Complainant being the legal heir of his deceased wife and also the natural guardian of his two minor children, sent a legal notice dt. 20/09/2022 to the OP, which was received on 21/09/2022 for refund of Rs.8,95,017/- (Rupees Eight Lakh Ninety Five Thousand and Seventeen) only. But after receiving the notice, the OP kept silent without giving any reply till date.
It is alleged that 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 complainant lodged complaint against the OP before this commission praying for refund of the amount alongwith 12% interest since the date of the agreement i.e. 10/12/2011 and Rs.5,00,000/- for compensation and Rs.2,00,000/- for litigation cost and such other relief(s).
OP did not appear to contest the case, so it was heard exparte against him.
The point for consideration is, whether the complainant is entitled to get relief(s) in this case.
FINDINGS
We have gone through the petition of complain, evidence and also the documents produced on behalf of the complainant.
- Agreement for sale dt. 10/12/2011
- Money receipts with Acknowledgement Receipts.
- Legal notice dated 20/09/2022.
It is found from the aforesaid documents that the complainant’s wife had agreed to buy the plot of land from the OP, for which an agreement for sale was made between them. It is further found, she had paid part consideration amount of Rs.8,95,017/- to the OP. But OP failed to deliver the land in developed condition as agreed upon and that is why after her death her husband who is the complainant herein, prayed for refund of the said amount of advance which the OP did not comply. Therefore, complainant had to approach before this commission for getting necessary relief. So, going through the materials on record, we find complainant is entitled to refund of the said amount alongwith compensation and cost of litigation from the OP in this case.
Accordingly, it is
ORDERED
That the instant complaint case is allowed exparte against the OP.
OP is directed to refund Rs.8,95,017/- alongwith 9% interest per annum from the date 08/02/2016 when the last payment was made to the complainant.
OP is directed to comply with this order within 45 days from the date of this order.
OP is further directed to pay Rs.40,000/- as compensation for mental agony and Rs.10,000/- as litigation cost.
In default of payment, OP shall be liable to pay the entire sum carrying interest @12% per annum till realisation and complainant shall be at liberty to file an application for enforcement of the final order as per provisions of Law.
Dictated and corrected by
Member
