| Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town ) | | Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor | | Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161 |
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| Complaint Case No. CC/217/2021 | | ( Date of Filing : 11 Aug 2021 ) |
| | | | 1. Smt. Mita Chakraborty,W/O-Paritosh Chakraborty | | Residing at 2/93/C,Bibeknagar,Post Office-Santoshpur,Police Station-Survey Park,Kolkata-700075 |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Dharitri Infraventure Pvt. Ltd. | | Office at DN-51,Merlin Infinite Building,6th floor Suite-606,Salt Lake City,Sector-V,Police Station-Electronics Complex,Kolkata-700091 | | 2. Sri.Suman Jana,S/O-Tapan Kumar Jana,Director,M/S-Dharitri Infraventure Private Limited | | Residing at Rupnarayan Pally,Village-Barbarisha,Post Office & Police Station-Kolkaghat,District-East Medinipur,Pin-721134 | | 3. Smt Dipanwita Samanta,W/O-Sri.Suman Jana,Director,Dharitri Infraventure Private Limited | | Village Konchandi,Post Office-Amalhara,Police Station-Kolaghat,District-East Medinipore,Pin-721134 |
| ............Opp.Party(s) |
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| BEFORE: | | | | HON'BLE MR. Lakshmi Kanta Das PRESIDENT | | | HON'BLE MRS. Sagarika Sarkar MEMBER | |
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| Dated : 01 Sep 2022 |
| Final Order / Judgement | - The Ops being the developers floated a housing project named as “Dharitri Universia” at Bhagabanpur under P.S. – Cossipore in the District of South 24 Parganas and the complainant being interested in the said housing project booked a 650 Sq.ft. flat valued at Rs. 14,00,000/- (Rupees fourteen lakh) only and paid Rs. 6,80,050/- (Rupees six lakh eighty thousand fifty) against receipts under two agreements dated 01.06.2017 and 07.05.2018. But the said housing project never saw the light of the day, for which the complainant sought for refund of the paid amount. Even letter was sent to the Ops on 04.01.2021 seeking refund and the said letter went unheeded. This is why the complainant has filed this case asking for refund with interest @ 10% per annum together with compensation of Rs. 1,00,000/- and litigation cost of Rs. 30,000/-
- In spite of having received the Ops did not contest the case by filing written version, for which the case has been heard ex-parte.
- In support of his case the complainant has filed the following documents :-
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| Memo of Understanding | Dated 01.06.2017 | -
| Copy of Agreement for Sale | Dated 07.05.2018 | -
| Money receipts which were granted by the Ops for amount of Rs. 6,80,050/- | Dated 30.04.2017, 03.05.2017, 31.05.2017 and 26.06.2017 | -
| Copy of letterwhich was signed by the complainant asking for refund | Dated 04.01.2021 | -
| Evidence on affidavit | |
- From the documents referred above which have gone unchallenged it is quite palpable that there was an agreement for sale of 650 Sq.ft. flat to the complainant and under the said agreement the Ops accepted a sum of Rs. 6,80,050/- with promise to provide the complainant with a flat measuring about 650 Sq.ft. in Dharitri Universia. The flat was priced at Rs. 14,00,000/- and the rest amount i.e. (Rs. 14,00,000/- - Rs. 6,80,050/- =) Rs. 7,19,950/- has not been paid by the complainant because of the fact that the Ops neglected to raise construction of the Dharitri Universia. Since the Ops are guilty of deficiency in causing delivery of the booked flat they are obligated to return the paid amount. The complainant will also get interest with effect from 01.07.2018 and the rate of interest is fixed at 10% per annum. The complainant who parted with handsome amount hoping that he would get a flat in near future would certainly get compensation for the wilful omission on the part of the OPs to provide her with booked flat. Considering the amount of harassment and agony the complainant has undergone since 01.07.2017 compensation amount is fixed at Rs. 60,000/-. Litigation cost is fixed at Rs. 20,000/-.
- The case is thus disposed of with the following direction :-
- The OPs will return to the complainant a sum of Rs. 6,80,050/- (Rupees six lakh eighty thousand fifty) with interest @ 10% per annum with effect from 01.07.2017 within a period of 45 days hence, failing which the amount will carry interest @ 12% per annum.
- The Ops will also pay to the complainant Rs. 60,000/- as compensation and Rs. 20,000/- as litigation cost totalling Rs. 80,000/- within 45 days hence, failing which the amount will accrue interest @ 12% per annum.
Let a plain copy be given to the parties free of cost as per CPR. Dictated and corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
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| | | [HON'BLE MR. Lakshmi Kanta Das] | PRESIDENT
| | | | | | [HON'BLE MRS. Sagarika Sarkar] | MEMBER
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