9.....04.02.2021....
None on behalf of either of the parties is present.
Today is fixed for delivery of judgment/final order.
Final order is ready . It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
ORDERED
That the case be and the same is hereby allowed exparte against the O.P with cost of Rs.5000/-.
The O.P is directed to refund the booking amount of Rs.1 lac to the complainant with interest @ 6% p.a with effect from 1.1.2020 till full realization of the amount within 60 days from the date of this order.
The O.P is also directed to pay compensation of Rs.25000/- to the complainant for mental pain and agony by 60 days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 39 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
05.03.2020 17.03.2020 04.02.2021
Present : President : Asish Kumar Senapati
Member(s): Jagdish Chandra Barman
COMPLAINANT : Abhiruk Bandyopadhyay, alias Abhiruk Banerjee , son of late S.N. Banerjee of 58/43, Prince Anwar Shah Road, P.S Lake, Kolkata-45, Dist. South 24-Parganas.
Versus
O.P/O.Ps :M/s Rajwada Developer, having its registered office at 26, Mahamaya Mandir Road, Mahamayatala , Garia, P.S Sonarpur, Kolkata-84, represented by its Partners (i) Sri Praveen Agarwal, (ii) Sri Bikash Agarwal and (iii) Sri Rajkumar Agarwal , all sons of late Rajendra Kumar Agarwal , all of at 26, Mahamaya Mandir Road, Mahamayatala , Garia, P.S Sonarpur, Kolkata-84 and also of “Narendra Bhaban, Kamalgazi, P.O Narendrapur, P.S Sonarpur, Kolkata-103, Dist. South 24-Parganas.
Sri Asish Kumar Senapati, President
This is a consumer complaint filed by one Abhiruk Bandyopadhyay alias Abhiruk Banerjee (hereinafter referred to as the complainant) against the O.P M/s Rajwada Developer , a partnership firm represented by its partners namely Sri Praveen Agarwal and 2 others (hereinafter referred to as the O.Ps), praying for refund of booking amount of Rs.1 lac and compensation of Rs.50,000/- against the O.P ,alleging deficiency in service.
The sum and substance of the complaint is as follows:
The complainant came to know that the O.P proposed to construct flats within Rajpur Sonarpur Municipality and the complainant paid Rs.1 Lac as advance for purchase of a flat no.19D in 19th floor at Rajwada Altitude and the O>P received Rs.1 lac by cheque being no.343859 on Canara Bank dated 5.8.2019. the O.P agreed to arranged bank loan, but ultimately the O.P could not arrange bank loan and the complainant cancelled the booking and requested for refund of his advance money. The complainant also sent Advocate’s letter dated 3.12.2019 ,asking the O.P to refund his booking amount of Rs.1 lac , but to no result. Hence, the complainant has filed the case praying for refund of Rs.1 lac and compensation of Rs.50,000/- against the O.P.
The O.P appears on 9.7.2020. But they have not filed Written version inspite of lapse of statutory period. Hence, the case has been proceeded exparte against the O.P.
The complainant filed evidence on affidavit on 1.12.2020 and also filed BNA on 5.1.2021.
We have gone through the written complaint, evidence on affidavit and the documents filed by the complainant.
On the basis of the above versions, the following points are framed for proper adjudication of the case :-
- Is the complainant a consumer under the provisions of C.P Act?
- Has the O.P any deficiency in service?
- Is the complainant entitled to get an order against the O.P, as prayed for ?
DECISION WITH REASONS
Point nos. 1 :-
The complainant submits that the complainant paid Rs.1 lac in advance for purchase of the flat being no.19D in 19th floor at Rajwada altitude and paid Rs.1 lac against receipt no. 507 dated 5.8.2019. It also appears from the document that there are several correspondences between the complainant and the O.P including an advance letter dated 3.12.2019 for refund of his booking amount of Rs.1lac . But the O.P did not pay any heed to it. On a careful consideration we find that the complainant is a consumer in terms of the provision of the C.P Act.
Point nos. 2 & 3:-
The Ld. Advocate for the complainant submits that the complainant paid Rs.1lac to the O.P for booking of a flat on 5.8.2019 and ultimately cancelled the booking and requested the O.P for refund of the booking amount. But the O.P did not pay any heed to it. The O.P did not turn up to substantiate any reason for non-refund of the booking amount to the complainant.
On a careful consideration over the materials on record we think that the O.P has deficiency in service and the complainant is entitled to get back his booking amount of Rs.1 lac with interest and compensation from the O.P.
In our considered opinion, the complainant is entitled to get compensation of Rs.25000/- and he is also entitled to get back his booking amount of Rs.1 lac with interest from 1.1.2020.
In the result, the case succeeds in part.
Hence,
ORDERED
That the case be and the same is hereby allowed exparte against the O.P with cost of Rs.5000/-.
The O.P is directed to refund the booking amount of Rs.1 lac to the complainant with interest @ 6% p.a with effect from 1.1.2020 till full realization of the amount within 60 days from the date of this order.
The O.P is also directed to pay compensation of Rs.25000/- to the complainant for mental pain and agony by 60 days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
Dictated and corrected by me
President
