FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The case of the complainant in short; is that he including his father Swajan Bandhu  Kundu, since deceased had entered into an Agreement for Sale with OP-1 for purchase of a plot of land with Bungalow (Unit No. A-45, in Zone – 1) measuring about 02 cottahs (1440 sq.ft.) at Lord City, Sonarpur at a total consideration of Rs.5,70,000/-In terms of the Agreement for Sale, the complainant paid Rs. 5,70,000/-. to the OP-1. OP-2 being the Chairman & Managing Director of OP-1 issued allotment letter and also executed Agreement for Sale. The OP-2 also issued money receipts against payments. In terms of the Agreement for Sale, the OPs are liable to deliver  possession of Unit No. A-196  in Zone-09 at Lord City, Sonarpur within 42 months from the date of commencement of the construction of Bungalow. The OP-1 failed to construct the Bungalow.  Complainant was compelled to sent a letter dated 04.04.2016 to the OPs for change of plot of land from Zone 09 to Zone -01 and such requested was accepted by the OPs. Unit No. A-45 in Zone -01 measuring about 1440 sq.ft. was re-allotted in favour of  the complainant. The re-allotted unit including bungalow was not handed over to the complainant for which the complainant asked for refund of the entire deposited money. The OP-2 issued several post dated account payee cheque in favour of the complainant but those cheques were dishonored on account of “fund insufficient”. Finding no other alternative, the complainant has filed the instant consumer complaint before this Forum seeking redress and relief as incorporated in the prayer of the complaint.

            In spite of service of notices, the OPs did not turn up to contest the case. As such, the case has proceeded ex parte against the OPs. 

                     Decision With Reasons

            To establish his case, the complainant adduced evidence through affidavit and also produced photocopies Money Receipts. Agreement for Sale dated 30.01.2015,  Request Letter for change of plot, Letter dated 06.03.2018 of OPs, Dishonored Cheques and Report of the concerned bank regarding dishonor of cheques. 

We have travelled the documents on record. On perusal of those documents, we find that in terms of the Agreement for Sale  dated 30.01.2015, complainant and his father since deceased allotted Unit No. A-45 in Zone-01 measuring about 1440 sq.ft. (02 cottahs) at Lord City, Sonarpur and. In terms of the Agreement for Sale, complainant had paid the entire consideration amount to the OP-2 against money receipts.

It is not in dispute that subsequently on the request of the complainant the OPs re-allotted Unit No. A-45 in Zone-01 measuring about 1440 sq.ft. at Lord city Sonarpur in place of Unit No. 196 in Zone-09 at Lord city, Sonarpur. The OPs did not hand over the possession of Unit No.  A-45 in Zone -01 including Bungalow to the complainants within the stipulated period of 48 months from the date of commencement of construction of Bungalow. Ultimately OPs failed to construct Bungalow and the complainant cancelled the Agreement for Sale with a request to OP-2 to refund the deposited consideration amount. The OP-2 vide letter dated 06.03.2018 accepted the request of the complainant for cancellation of Agreement for Sale and assure to refund the consideration amount. OP-2 also issued 13 post dated cheues in the favou of the complainant but all the chequse was dishonored due to insufficient fund.

We do not find any reason why the OP-1 Company has received the amount of Rs. 5,70,000/- from the complainant and utilized the money for its own gain and for the  purpose of construction of Bungalow and delivery of possession of land. Therefore, we hold that the OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice. OPs have also caused harassment, mental pain and agony to the complainant. Therefore, the complainant is entitled to get relief against OPs.

            There is no contrary evidence on the part of the OPs. The evidence of the  complainant remains unchallenged. In absence of any contrary and controverting materials and having regard to the documents on record, we are of the opinion that the complainant has been able to prove his case against the OPs. Thus, the complainant is entitled to get relief as prayed for.

In the result, the case succeeds in part.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OPs in part with cost of Rs.10,000/-.

The OP-2, Chairman & Managing Director of OP-1 is directed to refund Rs.5,70,000/- (Rupees five lacs seventy thousand) only to the complainant within 45 days from the date of this order along with litigation cost.

The OP-2 is further directed to pay Rs. 50,000/- (Rupees fifty thousand) only to the complainant for harassment and mental agony within the stipulated period.

            Liberty be given to the complainant to put the order in execution, if the OP-2 transgresses to comply the order..