Order-10.

Date-24/09/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that she booked a flat measuring 392 sq. ft. super-built up area at premises no.51F/1, Pottery Road, Kolkata – 700 015, at a total price of Rs.10 lakh and complainant paid Rs.3 lakh as advance amount out of the entire consideration.  Subsequently, complainant was ready to pay a balance amount of Rs.7 lakh to the OPs for getting possession of the flat as per agreement but even then OPs failed to hand over the flat and to complete the deed of conveyance.  Subsequently, OPs wanted to refund the money in lieu of flat when OPs failed to deliver the flat to complainant which is best known to the OPs but complainant did not get full amount of Rs.3 lakhs what OP assured to pay by three instalment but out of that OP paid Rs.2 lakhs leaving a balance of Rs.1 lakh to be paid which he did not pay and by not paying the said amount of Rs.1 lakh OP suffered the complainant financially and mentally also and so the complainant is compelled to file the present complaint for refunding the amount of Rs.1 lakh along with interest, compensation for harassment, mental agony etc. caused by the OPs.

          On the other hand OPs by filing written statement submitted that the entire complaint is false and fabricated and it is not maintainable but admitted that complainant entered into an agreement for sale on 09-08-2012 with the OPs for purchasing a self-contained flat in the said address and paid advance amount of Rs.3 lakhs on 04-03-2013 and complainant himself cancelled the said agreement after 6 months from the date of agreement. Further OP has stated that it is the act of the complainant and for which there is no question of duping the complainant by any means and they have no intention to retain the balance amount of the complainant but it shall be paid after selling that flat.  Moreover, the Forum is no jurisdiction to entertain such case and prayed for dismissal of the case.

Decision with Reasons

On careful consideration of the materials on record including complaint and the written version we have gathered that OP has admitted the entire fact and also admitted that he is willing to refund the balance Rs.1 lakh to the complainant after selling the flat but truth is that this OP has sold away all the flats and acquired huge amount but, in fact, he is not willing to pay balance one lakh for which he is harassing the complainant in so many manner.  Fact remains the total amount of Rs.3 lakhs was received by the OP on 09-08-2012 and subsequently Rs.2 lakh was paid but balance Rs.1 lakh has not yet been paid since 2012 and in respect of Rs.1 lakh invariably complainant has lost monthly interest which is no doubt Rs.10,000/- p.a. and fact remains even after receipt of the sum from the complainant OP did not agree to pay the amount but filing a written statement submitted that when the flat will be sold, said one lakh shall be paid.  Such an attitude of the developer/seller is like the kabuliwalas and that is the common practice of all developer/kabuliwala who are in the market and they are harassing the customers like the complainant in so many manner and in this case the OP has adopted such procedure by grabbing that amount which has been invested by the OP in their business and OP has no doubt enjoyed huge profit but complainant is being harassed by the OP.  So, in the above circumstances, we are convinced to hold that complainant is entitled to a decree as prayed for deceitful manner of trade and also for negligent and deficient manner of service and further for causing mental agony and suffering to the lady by not handing over the amount along with compensation and interest etc.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.5,000/- against the OPs.

          OPs are hereby directed to refund the entire amount of Rs.1(one) lakh  and also shall have to pay Rs.30,000/- as compensation for loss of interest, for causing mental pain and agony and further for adopting unfair trade practice and accordingly OPs shall have to pay a total sum of Rs.1,35,000/- to the complainant within one month from the date of this order failing for non compliance and disobeyance of the Forum’s order OPs shall have to pay penal cost of Rs.100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          For adopting unfair trade practice and to deceive the customer in such a manner by the OP and to check and control such sort of unfair trade practices in future OP Developer/Seller is imposed penal damages of Rs.25,000/- which shall be paid and deposited to this Forum.

          OPs are directed to comply the order within one month from the date of this order and even if it is found that OPs are reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.