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 the complainant had entered into an Agreement for Sale with OP-1 M/s. Lord Realty Private Limited for purchase of land measuring about 02 cottahs (Unit No. A-179) in Zone 9 at Lord City, Sonarpur at a total consideration of Rs.5,28,000/- including registration charges against Allotment letter dated 22.10.2013. In terms of the Agreement for Sale the complainant paid the entire consideration amount of Rs.5,00,000/- including Rs.28,000/- as registration charges 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 failed and neglected to register the Agreement for Sale in spite of several request. In terms of the Agreement for Sale the OPs are liable to deliver  possession of Unit No. A-179  in Zone-9 at Lord City, Sonarpur within 42 months from the date of commencement of the construction of building. The OP-1 failed to construct the building. In spite of repeated request of the complainant the OPs did not refund the entire consideration amount including registration charges. The OP-2 vide letter dated 19.04.2018 promised to refund the entire amount in four instalments. Neither the OP-2 refund the consideration amount nor have any intention to pay registration charges. 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. 

                       DECESION WITH REASONS

            To establish her case the complainant adduced evidence through affidavit and also produced photocopies Registration Form dated 25.01.2015, Allotment letter dated 22.10.2013,  Money Receipts, Cancellation letter dated 28.06.2018, Request letter dated 07.02.2018 for cancellation of allotment of plot and letter dated 19.04,2018 issued by OP-2 addressed to the complainant stating payment of consideration amount and Registration charge within 04 instalments. We have travelled the documents on record. On perusal of those documents we find that in terms of the allotment letter dated 22.10.2013 complainant has been allotted Unit No. A-179 in Zone-9 measuring about  02 cottahs of land  at Lord City, Sonarpur and complainant had entered into an Agreement for Sale with the OP-2 being the Chairman & Managing Director of OP-1. In terms of the Agreement for Sale complainant had paid the entire consideration amount to the OP-2 against money receipts and also paid Rs.28,000/- as registration charges. The OP-2 being the Chairman & Managing Director of OP-1 did the register the Agreement for Sale and deliver possession of Unit No. A-179 in Zone-9 at Lord City, Sonarpur to the complainant within 42 months from the date of commencement of the construction of building. Ultimately, the OP-1 failed to construct the building. Photocopy of letter dated 28.06.2018 goes to show that the complainant cancelled the Agreement for Sale with a request to OP-2 to refund the consideration amount including registration charges. The OP-2 vide letter dated 19.04.2018 accepted the request of the complainant for cancellation of the Agreement for Sale and assured to refund the consideration amount within September,2018 including Registration charge but till date they did not fulfill their commitment.

We do not find any reason why the OP-1 Company has received the amount of Rs. 5,00,000/- and Rs.28,000/- respectively from the complainant and utilized the money for its own gain and for the  purpose of registration of the Agreement for Sale and  delivery of possession of land including building. Therefore, we hold that the OPs 1 & 2 demonstrated a gesture of deficiency in service and indulged in unfair trade practice. OPs 1 & 2 have also caused harassment, mental pain and agony to the complainant. Therefore, the complainant is entitled to get relief against OPs 1 & 2.

            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 on record and having regard to the documents on record, we are of the opinion that the complainant has been able to prove her case against the OPs 1 & 2. OP-3 is mere an employee of OP-1. On perusal of the consumer complaint we do not find any allegation against the OP-3 and the complainant did not claim any relief against  OP-3 also. As such, the question of deficiency in service and unfair trade practice could not be established against the OP-3. Thus, the complainant is not entitled to get any relief against the OP-3.

In the result, the case succeeds.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OPs 1 & 2 in part  with cost of Rs.10,000/- and dismissed ex parte against the OP-3 without any cost.

The OP-2 Anwar Azim, Chairman & Managing Director of OP-1 is directed to refund Rs.5,28,000/- (Rupees five lacs twenty-eight thousand) only to the complainant within 30 days from the date of this order along with litigation cost.

The OP-2 is further directed to pay Rs. 20,000/- (Rupees twenty 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..