Date of filing: 22/08/2022
Date of Judgment: 20/12/2023
Mr. Sudip Niyogi, Hon’ble President.
BRIEF FACTS
The petitioners had booked a flat in the project of M/s. ASPI Rana Infrventure Pvt. Ltd. a sister concern of Dharitri Wilfra Venture Pvt. Ltd. (OP No. 1) in 2017 by making a payment of Rs. 1,76,175/-. However, after dissolution of the said sister concern the project was cancelled and the said amount was carried forward to the account of OP No 1 repeated request by the Director OP No. 2. Subsequently on 15/07/2020 one Memorandum of Understanding agreement was made between the petitioner and OP No. 1 in respect of flat no. 1F first floor, Tower No. 24 having an area of 900 sq. ft along with one open car parking space and one covered car parking space under the project “Royal Enclave” within Mouza Hudarait, J.L. No. 54, P.S. Rajarhat, New Town. Petitioners further paid a sum of Rs. 5,64,925/- towards consideration. Subsequently one allotment letter dated 04/11/2020 for a 3 BHK flat measuring 1027 sq. ft. on the 4th floor in Tower 32/1, being flat no. 4A in the said project was issued to the petitioners on the basis of their past application The petitioners in total paid Rs. 7,64,925/- out of total consideration of Rs. 30,21,411/- . It was agreed that within 36 months the construction of the flat would be completed. But even after two years, they found not a single construction work was started in the project. So on being dissatisfied by delayed project they approached the opposite parties and applied on 20/07/2021 for refund of their money. Following their said application subsequently OPs refunded a sum of Rs. 1,10,000/- on 22/07/2021 but did not refund the balance amount of Rs. 6,54,925/- on repeated request. So they preferred this complaint seeking relief(s) in the form of a direction upon the OPs to refund the balance amount payment of compensation and cost of litigation etc.
OPs did not contest the case, so it was heard exparte against them.
The point for determination is whether the petitioners are entitled to any relief(s) in this case?
FINDINGS
Petitioners filed their evidence on affidavit, corroborating their contention as made in the petition of complaint. These apart several documents were also produced on their behalf and these include two Memorandum of Understanding dated 15/07/2020 and 14/02/2021 and several photographs of the site showing the construction was yet to begin, the application for refund of money of the petitioners, lawyer’s letter etc. it appears that out of the amount paid by the complainant Rs. 1,10,000/- was refunded by the OPs. So this action of the OPs reveals that they agreed to the prayer of the complainant for refund of the amount of advance paid by them which is Rs. 7,64,925/-. OP did not appear to challenge the contention of the petitioners.
Though the stipulated period for handing over the flat is yet to expire but as OPs agreed to refund the amount of petitioners, we think there is no bar to allow the present complaint in favour of the petitioners. So on going through the materials on record we are inclined to allow the complaint.
Accordingly it is
ORDERED
That the instant complaint CC/510/2022 is allowed exparte against the opposite parties.
OPs are directed to refund of Rs. 6,54,925/- along with interest 9% p.a. from the date of 20/07/2021 when the application for refund was made to the petitioners till realization.
OPs are also directed to pay Rs. 5,000/- to the petitioners towards cost of litigation.
OPs are directed to comply with this order within 30 days from the date of this order failing which the petitioners shall be at liberty to proceed in accordance with law.
Dictated and corrected by me
PRESIDENT
