Judgment : Dt.18.12.2017
Shri S. K. Verma, President
This is a complaint made by one Sri Rup Kumar Roy, son of Sri Jayanta Kumar Roy, 35/B, Banerjee Para Road, P.S.-Parnashri, Kolkata-700 060 against M/s Swabhumi Real Estates India Ltd of D-47, B.P. Township, P.S.-Jadavpur, Kolkata-700 032, represented by its Director, Sri Ganesh Paul, son of Late Anil Krishna Paul of Beldanga Road, Katpole, P.S.-Maheshtala, Kolkata-700 141, OP No.1, Sri Ganesh Paul, proprietor of SP.Enterprise of Beldanga Road, Katpole, P.S.-Maheshtala, Kolkata-700 141, OP No.2, Sri Kashinath Chandra, son of Late Plrabodh Kumar Chandra, 13H/10, Panditia Road, P.S.-Gariahat, Kolkata-700 029, OP No.3, Sri Didnakar Chandra, son of Late Prabodh Kumar Chandra, 13H/10, Panditia Road, P.S.-Gariahat, Kolkata-700 029, OP No.4, Sri Subhas Chandra, son of Late Prabodh Kumar Chandra, 13H/10, Panditia Road, P.S.-Gariahat, Kolkata-700 029, OP No.5. Sri Prakash Nath Chandra, son of Late Prabodh Kumar Chandra, 13H/10, Panditia Road, P.S.-Gariahat, Kolkata-700 029, OP No.6, Sri Biplab Chandra, son of Late Prabodh Kumar Chandra, 13H/10, Panditia Road, P.S.-Gariahat, Kolkata-700 029, OP No.7, Smt. Malati Chandra, wife of Late Sambhu Nath Chandra daughter of Late Prabodh Kumar Chandra, 13H/10, Panditia Road, P.S.-Gariahat, Kolkata-700 029, OP No.8, Smt. Krishna Chandra, wife of Late Ajoy Chandra, daughter of Late Prabodh Kumar Chandra, of Milan Vihar Delhi Road, Moradabad-244 001, OP No.9, Lovely Das, wife of Sri Dinabandhu Das, daughter of Late Prabodh Kumar Chandra, of Sadatpur, Vill-4, Kalaikundu, P.S.-Kharagpur, Dist.- Midnapur, OP No.10, Smt. Sweeti Das, wife of Bijioy Das, daughter of Late Prabodh Kumar Chandra, of 129, Khagendr Nath, Sen Road, Kolkata-700 042, OP No.11 and Smt. Beuty Bhattacharjee, wife of Sri Sankar Bhattacharya, daughter of Late Prabodh Kumar Chandra, 33, Garia Place, Swaraswati Apartment, 2nd floor, Kolkata-700 084, OP No.12, praying for handing over possession of flat being No.GL I on the ground floor Block-C, having super built up area of 330 sq.ft. at municipal holding No.F6-44 New Beldanga Road, within Ward No.14, Maheshtala Municipality, South 24-Parganas, along with Completion Certificate from the Maheshstala Municipalioty, alternatively refund of Rs.1,60,000/- to the Complainant along with interest @ 10% p.a. on the said amount and compensation of Rs.30,000/- and litigation cost of Rs.10,000/-.
Facts in brief are that Complainant entered into an agreement for sale on 13.9.2013 with Sri Ganesh Paul, Director of M/s Swabhumi Real Estates India Ltd. and also with the owners and OP No.2 for purchase of a flat being No.GL I on the ground floor, Block-C, having super built up area of 330 sq.ft. at a total consideration of Rs.8,53,710/- @ 2558/- per sq.ft. at Municipal holding No.F6-44, New Belandaga Road. At the time of execution of the agreement, Complainant paid Rs.1,60,000/- for which OP No.1 granted a valid money receipt in the agreement. In the said agreement for sale, the date of handing over possession was fixed on March, 2014. The payment of said part consideration amount was persuaded by the Complainant and for handing over possession and making conveyance deed. But OP did not oblige. On enquiry the Complainant could know that OP have handed over possession of the said flat to another person. Complainant finally, on 20.2.2017, sent a legal notice to the OP through his Ld. Advocate, Mr. Souvik Das, calling upon to handover the possession of the flat complete in all respect, along with completion certificate issued by the Maheshtala Municipality. But of no use. So, Complainant filed this case.
OPs did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
In this regard, a copy of the agreement for sale is filed which has been signed by one of the Directors M/s Swabhumi Real Estates India Ltd. As per this agreement, it is clear that Rs.1,60,000/- was to be paid at the time of booking and thereafter in instalments. Further, it appears that Complainant paid Rs.1,60,000/-. Since OPs did not appear and contest the case, the allegations of the complaint remained un-rebutted and unchallenged.
Accordingly, we are of the view that Complainant is entitled to the reliefs of Refund of Rs.1,60,000/- to him with litigation cost of Rs.5,000/- and compensation of Rs.10,000/-.
Hence,
ordered
CC/281/2017 and the same is allowed in part exparte. OP No.1 is directed to pay Rs. 175000/- to the Complainant Rs. 175000/- within three months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization.
