The complainants case is regarding deficiency of services and unfair trade practices meted out to the complainants by the OPs.
OP 1, M/s Evanie Infrastructure Pvt. Ltd. is the land owner and also developer and OP 2 is the authorized signatory of OP 1 and also director of OP 1. That apart OP 2 has another company namely Usashi Real Estates Pvt. Ltd. and both the companies are running by them practicing fraud business since long.
Complainants allege that OP 2’s another company Usashi Real Estates Pvt. Ltd. on 03.10.2016 received Rs. 3,40,000/-only from the complainants and handed over the smart village developer project but no agreement was executed by the company. And then representative of Usashi Real Estates Pvt. Ltd. convinced the complainants and transferred the said amount of Rs.3, 40,000/-only to their another project King-Town on 06.06.2017 with an application KTN3565 and complainants hoped that they would get their possession in the flat in question and in the said hope they paid another sum of Rs.1,78,056/-only in three installments and one agreement was executed by them on 09.11.2017 along with acknowledgement of Rs.5,18,056/-only with breakup of earnest money. Subsequently complainants came in to the project site and found that nothing had commenced toward construction and they came to learn from local people that no land was acquired by the company and then complainants went to the office of Usashi Real Estates Pvt. Ltd. and thereafter OP 2 convinced the complainants and upon the conversation made by them with OP 2 for disposal of some residential flats and car parking area at New Town Rajarhat area and the said amount of Rs.5,18,056/-only has been transferred to OP 1 company and in this regard one agreement was made on 07.06.2019. Before execution of agreement complainants already paid Rs.1, 20,000/-only by cheque and OP 1 and 2 acknowledged the same. Therefore, complainants invested a corpus of Rs. 6, 67,198/-only against booking of a flat and car parking area in the project (Evania Eco Nest) and to that effect they executed agreement for sale on 07.06.2019. The value of the proposed flat and car parking space was approximately Rs. 16, 55,168/-only. At the time of booking OPs assured the complainants that they would hand over the flat in question within 40 months from the date of sanction plan.
Complainants on several occasions asked OPs about the progress of the construction work but on each and every occasion OPs assured that within time complainants would get their flat. Thereafter complainants along with their friend went to the construction site and saw that the landed property is in a open and vacate condition and one two storied building was standing on the case property. Complainants stated also that within stipulated OPs were unable to hand over any flat to any of the intending purchasers. Thereafter complainants contacted with the OPs and requested to refund the booking money and they also sent a letter to OP 2 on 28.04.2022 for refund of advance money and cancellation of agreement. Thereafter OP 2 became agreed to cancel the said agreement and sent mail on 13.07.2022 and 14.07.2022 and assured to refund the advance amount but OPs did not comply with their promise. The acts and activities of the OPs are no doubt exhibit gross negligence and deficiency in service and unfair trade practice. Accordingly complainants initiated the present case and have prayed for following reliefs:
- That OPs may be directed to refund the advance amount of Rs. 6, 67,198/-only with 14% interest and damages to the complainants.
- Complainants have also prayed for granting of Rs. 50,000/-only toward mental agony, pain and anxiety.
- Complainants have also prayed for granting of Rs.50, 000/-only toward unnecessary harassment and unfair trade practice.
- Complainants have also prayed for granting of Rs.50, 000/-only as litigation cost.
OPs did not contest the case and as such case has been proceeded for ex parte hearing against the OPs.
POINT FOR DECISION
Are the complainants entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
To prove their case complainants have tendered their written examination in chief supported by an affidavit and they have also filed photocopies of relevant documents.
We have gone through the said evidence of the complainants and the documents filed by them.
It appears that in their evidence complainants have fully corroborated their case as incorporated in the petition of complaint and the documents filed by them also lend support to the case of the complainants. So, in view of the said evidence of the complainants and the documents filed by them, remaining unchallenged, it is held that the complainants’ case is proved and they are entitled to get the reliefs as sought for.
Hence, it is,
Ordered
that the instant case being no.CC/504/2022 is allowed on ex parte against OP 1 and OP 2 with costs.
OPs are hereby directed to pay/refund amount of Rs.6, 67,198/-only to the complainants with interest @8%p.a. from the date of 07.06.2019 till realization of all amount and said amount to be refunded/paid by the OPs within two months from the date of this order.
OPs are also directed to pay Rs.25, 000/-only to the complainants for mental agony, pain and anxiety. That apart OPs are also directed to pay a further sum of Rs.25, 000/-only to the complainants toward harassment and unfair trade practice and all amount should be paid by the OPs within two months from the date of this order.
OPs are also directed to pay to the complainants Rs.10, 000/-only toward litigation cost within two months 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
