Hon’ble Mrs. Soma Bhattacharjee, Member
CC/427/2019 has been filed by Bubun Das and another against M/s. Mangalbela Real Estate Pvt. Ltd. and 32 others u/s 12 of C.P. Act, 1986 in a matter of housing dispute. The complaint is valued at Rs. 42,08,000/-.
The summary of the case is as follows: The complainants came across one advertisement of project Atri Green Valley Phase II and decided to purchase one flat and car park in the said project. The OPs are the joint owners of the plot of land measuring 297 decimals more or less described in Schedule part I of the complaint. The said owners decided to bring up a project under the name and style of Atri Green Valley Phase II at Holding No. 1499, Dwarir Road, Kolkata 700151, District – 24 parganas. The OP no. 1 i.e. Mangalbela Real Estate Pvt. Ltd. is authorised to carry out the business of the said project.
One sale agreement was executed between the complainants and the OPs on 26.05.2017. The OPs agreed to sell one flat being no. 4F on the 4th floor of the building no. 8, Block 16 measuring about 800 sq. ft. more or less, and one covered car parking space in the ground floor of the building for a consideration of Rs. 34,26,144/- only.
The complainants arranged for a home loan for purchasing the said flat from HDFC Bank Ltd., Garia Branch. The complainants paid Rs. 5,22,616/- from their own account to the OP no. 1. HDFC Bank Ltd. paid Rs. 20,10,373/- to OP no. 1 on behalf of the complainants as their home loan from Home Loan Account No. 625316110. Till the date of filing the complaint case the complainants paid a sum of Rs. 2,55,611/- towards the payment of pre-EMI interest till October, 2021. As per the sale agreement the construction was supposed to be completed by December, 2018 (clause no. 3.2). The possession of the flat and car parking space was to be delivered to the complainants by 31.12.2018.
On 26.05.2017 the OP no. 1 wrote a letter to the complainants extending the date of possession under Subvention Scheme. In this letter the OP no. 1 clearly stated that under Subvention scheme the interest of the loan taken by the complainants from HDFC Bank Ltd. was to be borne by M/s. Mangalbela Real Estate Pvt. Ltd, till the possession of the unit by the complainants. It was further committed by the OP no. 1 that if the possession date further extends from the date mentioned in the Sale Agreement, i.e. December, 2018 the interest payable to the financier will be borne by the OP no. 1 till the date of possession intimation letter of the said flat.
The complainant asked the OP no. 1 to pay the interest to HDFC Bank Ltd. under the Subvention scheme for the delay in handing over possession of the schedule flat and car parking space to the complainants. The complainants are required to pay interest of Rs. 15,222/- per month.
Cause of action arose on 26.05.2017 when the agreement was signed and is still continuing.
Seeing the attitude of the OP no. 1 regarding handing over of possession of the flat and car park and paying the bank interest, the complainants issued notice to the Ops on 23.04.2019 and on seeing no action being taken by OPs, were compelled to file CC/427/2019. The OPs entered appearance and filed W.V. They denied and disputed the allegations of the complainants and stated that the completion certificate from Rajpur Sonarpur Municipality had not yet been received by OP no. 1.
The complainant adduced evidence and OP submitted that W.V be treated as evidence.
The argument of the defense counsel is that for some reason beyond their control, the OPs could not complete the project by December, 2018 as per agreement. On 26.04.2019 the OPs applied for completion certificate before Rajpur Sonarpur Municipality. On 01.06.2019 the OPs sent a letter to the complainant stating that they are willing to compensate with interest charged by HDFC Bank from 01.01.2019 to 31.03.2019.Moreover the Ld. Counsel for the Ops submitted that the flat and car park could not be handed over to the complainants until the balance consideration was paid to the OPs.
Complainants filed amended complaint praying for refund of the interest they paid to HDFC Bank. The OPs did not file any W.V to the amended complaint for which the amended complaint went unchallenged.
The complainants in their prayer have asked for refund of the consideration paid to the Ops along with interest paid to the Bank, Banks payment made to the Ops and compensation.
Carefully considered the case record along with all the documents filed.
Heard the submissions of Ld. Counsel of both sides.
It appears that the OPs have been negligent and failed to deliver services as promised in the agreement. They have been negligent and deficient in service towards the complainants who are consumers in terms of C.P. Act, 1986. Therefore they are entitled to pay compensation to the complainants.
Hence it is ordered
CC/427/2019 succeeds on contest.
(i) The Opposite Party No. 1 is directed to refund to HDFC Bank, Garia Branch, the loan component of Rs. 20,10,373/- which the Bank has paid to the Opposite Party No. 1 as part consideration from Home Loan Account 625316110.
(ii) Opposite Party No. 1 is also directed to refund to the complainant the entire interest paid by the complainants to HDFC Bank Garia Branch in Home Loan Account No. 625316110.
(iii) Opposite Party no. 1 is directed to refund Rs. 5,22,616/- to the complainants which is the complainants’ contribution to the OP No. 1 as consideration.
(iv) The Opposite Party No. 1 will also pay compensation of Rs. 3,00,000/- to the complainants for undue harassment and mental agony.
(v) The Opposite Party No. 1 will also pay litigation cost of Rs. 10,000/- to the complainants.
All the above directions are to be complied within 60 days, failing which the complainants are at liberty to put the award into execution.
If the Opposite Party No. 1 fails to pay compensation within the stipulated period, it will carry simple interest @ 9% p.a. till realisation.
The CC/427/2019 is disposed of accordingly.
Free plain copies to be are given to all parties.
