In epitome Complainants case is that an agreement for sale was executed on 01.12.2017 in between Complainant is one side and OP nos. 1, 2, 3 arein other side.

The OPs developed and constructed an ultra modern housing complex known as ‘Prince Town’ on the plot in question.

Complainant had a dire need of residential unit in the locality where OPs were developing and constructing the housing complex in question. Accordingly, being an intending purchaser Complainant visited the office of M/s Usashi Realested Pvt. Ltd. and expressed his desire to purchase a flat (mentioned in ‘B’ scheduled) in building under construction in housing complex over ‘A’ schedule property. Ultimately Complainant agreed to purchase a self-contained flat on 3^rd floor and to that effect Complainant deposited Rs. 2,62,377/- against the said flat by different cheques and cash. And Complainant entered into an agreement for sale already mentioned hereinabove. Complainant alleged that even after completion of the assured stipulated period mentioned in the said agreement for sale on several occasions Complainant visited the office of developers regarding making of deed of sale and also for peacefully hand over the flat in question mentioned in schedule ‘B’ of the petition of complaint.

Complainant alleges that till date inspite of abovementioned payment by Complainant, the developers did not start and constructed any single construction on the schedule ‘A’ property.

Ultimately, Complainant finding no other option issued legal notice to the OPs, but till date OPs did not pay any heed to that. Complainant states that the act and activities of the OPs  clearly tantamount highly negligent and it focused deficiency on the part of OPs and at the same time it can be said that it is an unfair trade practice on the part of OPs.

Finally, Complainant had prayed for direction upon OPs and their agent jointly and severally to cancel the agreement for sale in respect of said flat along with undivided proportionate share of land. Complainant further has prayed for that if OPs have failed to hand over the said flat being ‘B’ schedule of the petition of complaint in habitable condition to the Complainant in that case and OPs jointly and severally be directed to pay Rs. 2,62,377/- to Complainant along with interest till date. Complainant has also has prayed for Rs. 2,00,000/- as compensation on account of mental agony, pain, anxiety and unnecessary harassment. Complainant has also prayed for granting of Rs. 1,00,000/- towards litigation cost.

To prove and substantiate the case, Complainant has filed evidence-in-affidavit.

That apart Complainant filed various photocopies of documents including BNA.

Point for Decision

Only point to be decided whether Complainant is entitled to have the decree as prayed for!

Decisions with reasons

This Commission has gone through the evidence on affidavit by the Complainant. The said evidence on affidavit of Complainant appears to be a replica of the contents of petition of complaint.

This Commission has also carefully gone through the contents of petition of complaint including evidence on affidavit of the Complainant and the photocopies of document filed on behalf of the Complainant including copy of agreement for sale.

It may be pointed out that at this stage, there is nothing to disbelieved the unchallenged testimony of Complainant. Accordingly, this Commission is of the view that Complainant has succeeded in proving his case and he is entitled to have the decree as prayed for.

Hence, it is

Ordered

that the case be and the same is allowed on ex parte against the OP 1, 2 and 3 with cost.

OP nos. 1, 2, 3 and their men and agents are directed jointly and severally to cancel the agreement for sale in respect of schedule ‘B’ property/ flat along with undivided proportionate share of land out of schedule ‘A’ property and all other amenities, facilities and rights arising out of the agreement for sale dated 01.12.2017 by and between Complainant and the OPs within one month from this date of order.

OP nos. 1, 2 and 3 are directed jointly and severally to pay a sum of Rs. 2,62,277/- to the Complainant with an interest @ 6% with effect from 01.12.2017 till realization of full amount and said amount should be paid by the OPs within two months from this date of order.

OP nos. 1, 2, 3 are also categorically directed jointly and severally to pay a compensation of Rs. 20,000/- to the Complainant on account of mental agony, pain, anxiety and unnecessary harassment within two months from the date of this order.

OP nos. 1, 2, 3 are also directed jointly and severally to pay a sum of Rs. 10,000/-  to the Complainant towards litigation cost.

Let plain copy be given to the parties free of cost.

Dictated and corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT