This is a complaint made by one Krishna Chandra Chakraborty, son of Late Nagendra Nath Chakraborty, residing at 34,Mahatma Gandhi Road, P.O.-Amherst Street, P.S.-Muchipara, Kolkata-700 009 against (1) M/s Exin Reality Pvt. Ltd. (Greenery Residency), Merlin Matrix Building, DN-10, 1st floor, Room No.102, Salt Lake, Sector-V, Kolkata-700 091 and also 7, Rusa Road (South), 3rd Lane, Tollygunge, Kolkata-700 033 and also 10B, Mukherjee Para Lane, P.S. & P.O.- Kalighat, Kolkata-700 026, OP No.1 and (2) Mr. Saikat Chowdhury, representative of M/S Exin Reality Pvt. Ltd. (Greenery Residency) of 10B, Mukherjee Para Lane, P.S. & P.O.-Kalighat, Kolkata- 700 026, praying for (i) a direction upon the OP to refund Rs.31,000/- (ii) a direction upon the OP to pay compensation of Rs.60,000/- on account of financial loss, harassing and humiliation and (c) a direction upon the OP for litigation cost of Rs.8,000/-.
Facts in brief are that Complainant is an old person aged 86 years. OP No.1 is a private limited real estate company having its registered office at Merlin Matrix Building, DN-10, 1st floor, Room No.102, Salt Lake, Sector-V, Kolkata-700 091.
In the month of February, 2015, the Complainant noticed an advertisement of OP No. in a leading newspaper and made a call as per advertisement. In the month of March, 2015, OP No.2 visited the residence of the Complainant and presented a very lucrative view regarding the project at Rajarhat namely Greenery Residency. OP No.2 also told that the flat will be given to the applicant on lottery basis and the application charge is Rs.31,000/-.
On being satisfied by the representation of OP No.2, Complainant became interested in purchasing a one room flat.
OP No.2 again came on 2.4.2015 and Complainant issued a Demand Draft of Canara Bank, Sealdah Branch, on 31.3.2015 of Rs.31,000/- which was duly collected by the OPs.
After a few days when OPs did not provide any information, then Complainant made contact over phone and he was told that the lottery would be drawn in August-September, 2015. Before Durgapuja, 2015, he was told that due to some documents’ problem, management has postponed the lottery. Again, after Diwali Complainant made a visit, when he was told the same old story. On 25.2.2016 Complainant again went to the office and on enquiry it was revealed that OPs left the office. Thereafter, on 8.3.2016 Complainant rushed to the registered office at Tollygunge and found that this office was also closed and give phone numbers were out of service. Then finding no other alternative, Complainant issued a demand notice which returned with the endorsement – insufficient address. Thereafter Complainant made many visits where one person sitting assured that lottery would be drawn up. But, ultimately Complainant did not get any information of lottery and filed this case.
On the basis of above facts, the complaint was admitted and notices were sent. But OPs did not turn up and contest the case. So, the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief and made submission. On perusal of the documents filed by the Complainant, it appears that he has filed Xerox copies of the advertisement. Complainant has also filed a Xerox copy of the receipt by which he deposited DD and also legal notices issued.
On perusal of the affidavit-in-chief and the Xerox copies of the documents, it appears that Complainant paid Rs.31,000/-. Since, the allegations of the Complainant, remained unrebutted and unchallenged, there is ground for allowing the relief to the Complainant.
Accordingly, we are of the view that if direction is given upon the OPs to pay Rs.31,000/- with Rs.10,000/- compensation and Rs.5,000/- litigation cost, the object of justice would be served.
Hence ,
ordered
CC/364/2016 and the same is allowed ex-parte in part. OPs are directed to pay Rs.31,000/- to the Complainant within 3 months of this order. In addition, the total money i.e. Rs.46,000/- shall carry interest @ 10%p.a. after the date of filing of this complaint. Liabilities of the OPs are joint and several.
