| Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town ) | | Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor | | Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161 |
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| Complaint Case No. CC/19/2021 | | ( Date of Filing : 14 Jan 2021 ) |
| | | | 1. Mr. Sukanta Mondal S/o Late Saures Kumar Mondal | | S/o Late Saures Kumar Mondal Residing at 23 B/2 Motilal Basak Lane,P.O- Kankurgachi, P.S- Phool bagan, Kolkata-700054. | | 2. Smt. Manabi Mondal Wife of Sri Sukanta Mondal | | S/o Late Saures Kumar Mondal Residing at 23 B/2 Motilal Basak Lane,P.O- Kankurgachi, P.S- Phool bagan, Kolkata-700054. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Usashi Realstates Pvt. Ltd. | | Premises No. 594/1, Dakshindari Road Bima Abasan Flat No. E 2/1, 1st Floor, P.O- Sreebhumi, P.S- Lake Town, Kolkata-700048 Dist- North 24 Parganas West Bengal. | | 2. Smt Uma Khan Daughter of Sri Prasad Chandra Khan | | Residing at Premises No. 2/5/1, Anantadeb Mukherjee Lane, P.S and P.O- Shibpur, Howrah-711102., Dist- Howrah , West Bengal. | | 3. Sri Manas Mukherjee S/o Sri Manotosh Mukherjee | | Residing at Rabindra Pally P.O and P.S- Suri Dist- Birbhum, pin- 731101, West Bengal. |
| ............Opp.Party(s) |
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| Final Order / Judgement | - The Ops being developers floated a housing project named as “Prince Town” in 2017 within Mouza – Hatishala, under P.S. – Kolkata Leather Complex in the District of South 24 Parganas. The complainants being in need of residential accommodation entered into an agreement with the developers on 05.04.2017 for purchasing a flat measuring about 608.8 Sq.ft (covered area) plus covered common area 112 Sq.ft. in “PRINCE TOWN” at Rs. 13,61,512/- (Rupees thirteen lakh sixty one thousand five hundred twelve) and made payment of Rs. 2,42,000/- (Rupees two lakh forty two thousand) in three cheques being no. 979478, 979479 and 232164. As per agreement, the project was due to be completed within 40 months from the date of agreement. But the Ops abandoned the said project surreptitiously and on seeing the lack of traces of construction at the proposed site the complainants cancelled agreement by sending a letter dated 22.02.2019. After accepting the said cancellation the Ops refunded Rs. 20,000/- and promised to pay the balance amount in instalments under letter dated 24.07.2019. Since the Ops abstained from making further repayment in terms of the letter dated 24.07.2019 the complainants have filed this case on 14.01.2021 for refund of Rs. 2,22,000/- with interest, compensation and cost.
- The Ops filed written version to contest the case; but skipped the further proceeding of this case for undisclosed reasons. By filing the aforesaid W/V the Ops have sought for dismissal of this case mainly on the ground that without waiting for the stipulated period of 40 months the complainants have filed this case unjustly and improperly. But it has been admitted by the Ops under the aforesaid W/V dated 15.12.2021 that payment of Rs. 2,42,000/- was made under the agreement dated 22.02.2019 and that the said agreement was cancelled.
- In support of his case, the complainants have filed (a) Evidence in chief, (b) Copy of agreement, dated 05.04.2017, (c) Copies of money receipts, (d) Copy of cheques, (e) Copy of letter dated 22.02.2019 and also the letter dated 07.03.2019, (f) Copy of bank statement.
- It is abundantly clear from those documents that Rs. 2,42,000/- was paid by the complainants with a view to purchase a flat measuring about 608.8 Sq.ft. in Phase – 1 of “Prince Town” housing project. The Ops who were the developers of “PRINCE TOWN” did not take up the project seriously, for which the complainants sought for refund by sending letter. The Ops not only accepted the cancellation letter; but also caused refund of Rs. 20,000/- by cheque with promise to pay balance amount of Rs. 2,32,271/- in four instalments. It comes to light from the material available on record that Rs. 2,42,000/- - Rs. 2,32,271/- = Rs. 9,729/- was collected on account of tax. The said amount being not recoverable, the complainants will have to sacrifice the same in the futile process for acquiring dwelling unit. But their right to refund of Rs 2,32,271/- was acknowledged by the Ops under letter dated 13.08.2019 and therefore the Ops should refund the same. Naturally the paid amount of Rs. 2,32,271/- would accrue interest at the reasonable rate. The rate of interest may reasonably be fixed at Rs. 10% per annum.
- The Ops collected the money from the prospective buyers with promise to provide them with dwelling unit in “PRINCE TOWN”. None of those buyers has got the booked flat/dwelling unit. By such deceitful means, the Ops entrapped the buyers and made them to suffer mentally and financially. Therefore, the complainants who have suffered due to Ops’ unfair trade practice should get just some compensation from the Ops. Keeping in view, the amount and period of their sufferance the amount of compensation may be fixed at Rs. 40,000/-. They will also get a sum of Rs. 10,000/- as litigation cost.
- The case is thus disposed of with the following direction :-
- The Ops will pay Rs. 2,32,271/- with interest @ 10% per annum with effect from 05.04.2017 till realization within a period of 45 days hence, failing which the amount will carry interest @12% per annum.
- The Ops will also pay compensation Rs. 40,000/- and litigation cost of Rs. 10,000/- totalling Rs. 50,000/- within a period of 45 days hence, failing which the amount will accrue interest @ 12 % per annum.
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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