- Ops are the land owners and developers in respect to RS Plot no. 441, under Khatian No. 2303 and Mouja Arjunpur within Bidhannagar Municipality, ward no. 15. There was an agreement between the developers and the land owners for which the plot was to be develped into a multi-storied building.
- The Complainant wanted to purchase a 400 sq-ft flat on the top floor of the proposed building at RS Plot no. 441, at a price of Rs. 8,00,000/- and paid Rs. 4 lacks under an agreement dated 06.04.2015. There was stipulation in the agreement dated 06.04.2015 that the possession of the flat would be handed over within 30 months from the date of agreement (within 30.10.2017) but the developers failed to complete the construction work within the stipulated time. Due to pressure created upon them by the Complainant, developers cancelled the agreement dated 06.04.2015 on 28.12.2018 by sending a letter and the letter dated 28.12.2018 bears an assurance on the part of the developers that the booking money of Rs. 4,00,000/- would be refunded by two equal monthly installments. But the promise for making refund was not kept by the developers for which the Complainant sent demand notice through his lawyer on 06.05.2019, but in vain. The Developers neglected to cause refund of the aforesaid amount of Rs. 4,00,000/- for which the Complainant has filed this case against the Ops.
- Initially, the Ops were eager to contest the case and accordingly filed WV. WV filed by the Ops bears an ackowledgement about payment of Rs. 4,00,000/- by the Complainant for purchasing a flat from the Ops. Ops, by filing WV wanted to refund Rs. 3,80,000/- after deducting a sum of Rs. 20,000/- on the ground that there was delay on the part of the Complainant in making payment of the balance amount.
- The only point which needs to be decided in this case is whether the Complainant is entitled to the reliefs sought for.
- It needs to be mentioned here that although the Complainant initially sought for an alternative direction for handing over the possession of the flat and also for execution and registration of sale deed, but at the stage of hearing argument , the Ld. Advocate for the Complainant has contended that the Complainant has otherwise arranged for another flat for his residential purpose and now he wants to get back the money with interest, cost and compensation.
- In support of his case, the Complainant has filed evidence on affidavit, BNA, copy of agreement, copy of cancellation letter of 2018 and copy of Lawyer’s notice. None of those documents has sustained any challenge at the hands of the Ops on any ground what so ever. Therefore, those unchallenged documents turn out to be reliable and acceptable ones. After placing reliance upon the copy of agreement, the cancellation letter and Lawyer’s notice, we find that payment of Rs. 4,00,000/-was made by the Complainant under an agreement dated 06.04.2015 for purchasing a flat measuring about 400 Sq-ft from the Ops. It is more or less an admitted fact that the construction work for the said flat was not completed within the stipulated time. It is also an admitted fact that with a view to make refund of the booking amount, the Ops cancelled the agreement dated 06.04.2015 by sending a letter dated 28.12.2018. But refund was not made in terms of the letter dated 28.12.2018. Therefore, the OP should be put under order to refund Rs. 4,00,000/- to the Complainant.
- The Complainant has sustained loss of interest touching upon the aforesaid amount of Rs. 4,00,000/- since 06.04.2015 till date and therefore, the refund of Rs. 4,00,000/- would be made by the OP with interest @ 12% p.a for the period from 06.04.2015 till realization.
- The Complainant will also get a sum of Rs. 25,000/- on account of litigation cost from the OPs.
- Hence it is ordered that the case be and the same is allowed with cost of Rs. 25,000/-.
The OPs will pay Rs. 4,00,000/- with interest @ 12% p.a. within 45 days, failing which the amount will carry interest @ of Rs. 14% p.a. They will also pay litigation cost of Rs. 25,000/- within 45 days hence, failing which the amount will accrue interest @ 12% p.a. Let a plain copy be given to the parties free of cost as per CPR. Dictated and Corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
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