The Complaint case in brief is that OP no. 1 is a private limited company and OP no. 2 to 5 all are directors of OP no. 1. OP no. 6 is the authorized representative/ signatory of OP no. 1 and OP no. 7 is the marketing official of OP no. 1.
Complainant after taking notice about the concerned advertisement dated 19.02.2017, she herself with his family members went to inspect the location on 23.02.2017 where proposed construction was going to be constructed and the OP no. 2 to 7 had offered a lucrative offer that if she booked one flat on that very day, they will allot a free car parking space as gift for a four wheeler. Accordingly, Complainant made an advance of Rs. 1,00,000/- by cash on 23.02.2017 and to that effect OP no. 1 issued money receipt and Complainant also issued a cheque of Rs. 1,27,500/- dated 23.02.2017 drawn on Karur Vysya Bank and OP no. 1 also issued a receipt thereof. Complainant further paid a sum of 2,27,500/- to OP no. 1 by a cheque dated 19.03.2017 of Karur Vysya Bank and to that effect OP no. 1 issued receipt.
Complainant further alleges that by letter dated 07.08.2017 she was informed by authorized official of OP no. 1 that the company against her booking request/application no. DU3475 requesting the allotment for Pent House, with covered area 650 Sq.ft. 2 BHK, 4th floor, Block-15, Flat no. P4 in “Universia Project” situated at Rajarhat Bhagawarnpur, Sourth-24-Parganas.
Subsequently, Complainant alleges that OP no. 1 informed the Complainant that due to conversion of the nature of the land from local Panchayet Office and also there was a Hi-tension power greed installed inside the project land, the project ‘Universia’ might not be started in time and accordingly Complainant may take a chance to switch over from project ‘Universia’ to a new project nearby called ‘Bliss Ville’ and Complainant also added that OP no. 1 published an advertisement and a colourful brochure for their new project ‘Bliss Ville’.
On the assurance of OP no. 1, on 13.09.2017 Complainant had been compelled to make an application to director of OP no. 1 for switching of the project ‘Universia’ to project ‘Bliss Ville’ and requested to adjust the advance money of Rs. 4,55,000/- accordingly. Subsequently, authorized signatory CRM Ms. Chandryee Basu and informed Complainant through a letter dated 13.09.2017 that company allotted one Bunglow no. E-8 in ‘Bliss Ville’ project.
Further Complainant alleges that OP no. 1 and all its directors were going to develop and construct a housing complex known as ‘Dharitri Bliss Ville’.
Complainant also alleges that the total consideration of residential Bunglow bearing no. E-8 was fixed at Rs. 23,00,000/- and it was promised by OP no. 1 that said project was scheduled to be completed within 42 months from the date of signing of MOU and the possession of the said unit will be handed over within the stipulated period upon full and final consideration money.
Complainant further alleges that on 26.10.2011 she issued a cheque of Rs. 1,00,000/- after getting the allotment letter on 13.09.2017 and OP no 1 issued money receipt to that effect. Complainant again deposited Rs. 1,00,00/- on 13.11.2017 by cash and OP 1 issued one money receipt thereof. Thereafter complainant again deposited Rs. 1,00,000/- on 22.12.2017 by cheque and OP no. 1 issued receipt to that effect.
Complainant also alleges that on 28.03.2018 OP no. 1 and complainant signed and made an agreement at the registered office of OP no. 1 at premises no. 194, Cannal Street “Pratiksha Building” 4th Floor, P.S- Lake Town, Kolkata- 700048
Later on complainant was informed by the directors of OP no. 1 that due to some legal problem in land, paper of ‘Bliss Ville’ project may not be started in future and they informed complainant further that another dream project of land ownership clause started shortly namely ‘Royal Enclave’ and the OPs also made pressure on Complainant for depositing a further sum of Rs. 5,00,000. But Complainant made herself sure and understood that OPs are trying to cheat her with their words of jugglery and accordingly she refused their offer and then asked the OPs that either wouldthey will hand over possession of the Bunglow in question or refund the money which she deposited to them. Thereafter, one official of OP no. 1 gave Complainant an ‘application form refund of money’ and asked her to fill up the said form and to deposit the same along with deposit of original documents so that they may give said money in installments basis. He also stated that if Complainant would take legal action then they would not ready to refund the money and she would get the money after the end of legal proceedings.
Complainant also alleges that after a long time from 2018 to 2022 Complainant observed that there was no sign of construction of work named ‘Bliss Ville’ project. Thereafter, on 23.03.2022 Complainant sent a mail to concerned directors and requested to refund of Rs. 7,55,000/- only toward advance money plus interest @ 15% per annum till date. Again on 23.03.2022 (originally posted on 24.03.2022) Complainant sent a letter through speed post to concerned directors asking for refund of advance money of Rs. 7,55,000/- with 15% interest per annum interest on advance money paid by her Subsequently, on 16.04.2022 complainant issued notice to the OP nos. 2, 3 and 4 asking for the refund of entire paid amount of Rs. 7,55,000/- only with interest accrued @ 15 % per annum from the date of payment till the date of realization. Complainant also lodged FIR at Baguiati P.S. Ultimately, Complainant has filed the present case praying for her reliefs.
Point for decision
Is the complainant entitled to get relief/reliefs as prayed for?
Decision with reasons
To proof her case Complainant has tender her examination in chief supported by evidence-on-affidavit and she has also filed photocopies of all relevant documents in support of her case.
We have gone through the said evidence of the complainant and the documents filed by her.
It appears that in her evidence , she has fully corroborated her case mentioned in the petition of complaint and the documents filed by her also lend support to the case of the complainant. So, in view of the said evidence of the complainant and the document filed by her, remaining un-challenged, it is held that complainant case is proved and she is entitled to get the reliefs as sought for.
Hence, it is,
ORDERED
That the instant case be and the same being no. CC/440/2022 is allowed ex parte against the OPs with cost.
OPs are hereby directed to pay complainant advance money amounting to Rs. 7,55,000/- to the Complainant along with interest @ 8% p.a. from 23.02.2017 till realization of full amount and OPs are directed to pay the said amount within 45 days from the date of this order.
OPs are also further directed categorically to pay compensation of Rs. 50,000/- to the complainant towards mental agony and harassment within 45 days from the date of this order.
OPs are also categorically directed to pay litigation cost of Rs. 10,000/- to the complainant within 45 days from the date of this order.
Let copy of this order be given to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
