Today is fixed for further hearing of this review application.
Ld. Advocate of the Decree Holder is present.
After hearing the Ld. Advocate of the Decree Holder in full and perusing the copy of judgement in the light of the application for review we see that some errors have been committed while preparing the judgement and those errors are apparent on the face of the record.
“Dimitra” has mistakenly been typed in place of “Dharitri”. Again in paragraph no. 3 of the judgement a story of refund of Rs. 1,50,000/- + Rs. 2,00,000/- in cheques which were dishonoured plus the story of refund of Rs. 50,000/- as unfolded in paragraph No. 3 and 4 are irrelevant as there was no such story in the petition of complaint or W/V.
A sum of Rs. 3,22,500/- and Rs. 5,22,500/- were inadvertently mentioned in place of Rs. 4,84,000/-. Those errors were clerical or typographical one and they are amenable to correction by invoking power guaranteed under Section 40. Actually the Judgement Debtors/Ops were and are obligated to pay Rs. 4,84,000/- with cost, interest and compensation as mentioned in the Paragraph 9 of the judgement. Those errors are rectified in view of the power under Section 40 of the Act. A fresh judgement after correction of those errors is prepared and be made part of the record of CC/182/2020.
The complainant will get a copy of the corrected judgement free of cost.
The copy of the judgement will also be made part of this record.
- The complainants has filed this complaint under Section 35 of the CP Act against the Op (developer) seeking refund of the amount advanced by them under an agreement for purchasing a flat together with compensation of Rs. 10 lakh and cost of Rs. 1.3 lakh .
- The case of the complainants as unfolded in the complaint is that he entered into an agreement with the developers on 07.08.2017 for purchasing a flat of 900 sq.ft. at Rs. 24.7 lac in ‘DHARITRI' in Bhaganbanpur area in the District of 24 PGS (South). For that end he advanced Rs. 4,84,800/- (Rupees four lakh eighty four thousand eight hundred) in between March 17 and June 2017 in six instalments and as per the terms of the said agreement he had to pay the balance amount in instalments within a period of 48 months commencing from on 07.08.2017. As per agreement the project was due to be completed within 48 months. But the OP intimated to the complainants under a letter dated 23.12.2017 that the construction work would begin in January 2018 and thereafter in December 2018 it was intimated that due to power grid issue and other land related issues they would not be able to complete the project. They also advised the complainants to submit the application for refund of money following which a letter was issued by the complainant on 13.12.2018 for refund. The OP promised to give back the money; but they did not keep the promise. This is why they have filed this case on 14.08.2020 for the reliefs stated above.
- The complainant has sought for refund of the said amount with interest, compensation and cost by filing this case.
- The case has been contested by the Op by filing WV.
- In support of his case, the complainants has filed the evidence on affidavit, money receipts, BNA and copies of cheques etc. Those documents appear to be fully consistent with the case of the complainants. It is not denied by the Ld. Advocate of the Ops while advancing argument at appropriate stage that a sum of Rs. 3,22,000/- still remains unpaid. In other words it is more or less an admitted fact that the complainants who advanced money for purchasing the flat does have a balance of Rs. 3,22,500/- at the credit. It is also an admitted fact that the “DHARITRI” housing project' did not see the light of the day, for which the complainants had to receive a serious jolt and had also suffer loss and agony. The entitlement of the complainants to Rs. 3,22,500/-, as such, cannot be ruled out on any ground what so ever.
- The payment of Rs. 4,84,800/- were made by the complainants during the period from 06.02.2017 to 15.07.2017. The complainants has started to put up with mental agony immediately after 15.07.2017. For nearly four years he had to bear loss of interest on Rs. 5,22,500/-. Such being the position, the volume of compensation to which the complainants may be entitled can be worked out at Rs. 75,000/-. He will also get Rs. 50,000/- on account of litigation cost.
- The Ops cannot shark off the responsibility for making payment of Rs. 3,22,500/- plus 75,000/- plus 50,000/-.
- Hence it is ordered :-
that the case be and the same is allowed with cost of Rs. 50,000/-. The Ops will pay Rs. 4,84,800/- (Rupees four lakh eighty four thousand eight hundred)with interest @ 10% pa from 15.07.2017 within a period of 3 months hence, failing which the amount will accrue interest @ 12% pa.
Ops will also pay Rs. 75,000/- as compensation and Rs. 50,000/- as litigation cost totalling Rs. 1,25,000/- within a period of 3 months, failing which the amount will accrue interest @ 12% pa.
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
