Hon’ble Mrs. Soma Bhattacharjee, Member
CC/815/2017 has been filed by Dr. Subrata Chattapadhyay and Tuhina Chattapadhyay against OP nos. 1 Nestwood Estate Pvt. Ltd. represented through their Managing Director, OP no. 2 Skywood Developers Pvt. Ltd. represented through their Managing Director, OP no. 3. C 21 Advisory Services Pvt. Ltd. represented through their Managing Director. The complaint is valued at Rs. 28,95,800/-.
The facts of the case in a nutshell are that the complainants were looking for a decent flat in Kolkata for their family residence. They came across an advertisement issued by the OPs and chose to book a flat as per schedule: Project: Nestwood Maple, Flat no. B2, Size 898 sq. ft. at Tower T-21, Type B, Facing South East, situated at Mouza – Oyari, P.S. Bhangore, on a land measuring more or less 69.876 Decimals lying and J.L. No. 26, Touzi No. 173, under R.S. Khatian Nos. 760 / 1, 339, 994, 309, 830, 828, 628, 995, 557, 80, 579, 35 & 943, comprised in R.S. Dag Nos. 385, 109, 111, 113, 367, 380, 379 / 985, 386, 110, 107, 389, 117 & 387, within the limits of Benota – II Gram Panchayet, in the District South 24 Parganas.
Upon the direction of the OPs the complainants made a total payment of Rs. 3,00,000/- in September, 2015 as per details
Cheque no. And date | Bank Name | Amount | In Favour of |
175971 dt 10.10.15 | UBI,Sector V Branch | 50,000/- | SKYWOOD DEVELOPER |
175978 dt. 21.01,16 | UBI,Sector V Branch | 50,000/- | SKYWOOD DEVELOPER |
048028 dt. 11.01.15 | PNB, Sector V Branch | 1,00,000/- | SKYWOOD DEVELOPER |
846417 dt. 30.09.15 | PNB, Sector V Branch | 1,00,000/- | C 21 Advisory Services Pvt Ltd. |
However, the OPs did not enter into agreement for sale with the complainants. The OPs issued money receipts for the payment received by them and verbally assured that the sale agreement would be executed very soon. The copies of money receipts have been filed with the complaint.
On, about December, 2016 the complainants all of a sudden came across an advertisement published in a newspaper that OP no. 1 had severed all terms and business relation with the OP no. 3 their marketing partner. The complainants were perplexed and got in touch with the OPs regarding the future of the project and when the flat would be ready for handover and also for signing of the sale agreement. But the OPs did not give any justified explanation about the status of the project. The complainant contacted the OPs several times and requested them that since there is uncertainty about the construction of the project, the OPs should refund them Rs. 3,00,000/- immediately.
It appears that the complainants could gather that neither the project ‘Nestwood Maple’ would be launched and nor were the OPs desirous to refund the money paid to them by the complainants. No agreement for sale had either been signed by the OPs. Such omissions of the OPs definitely tantamount to unfair trade practice and deficiency in service. On 03.09.2016 Smt Tuhina Chattapadhyay sent a letter to the OPs requesting refund of Rs. 3,00,000/- paid to the OPs as booking amount for purchase of a flat in the project Nestwood Maple. The OPs did not send any reply to the complainants. For this reason the complainants were compelled to file CC/815/2017 before the Commission. Cause of action arose on this date and is still continuing.
Notices were duly served upon all the three Opposite Parties.
The OP no. 1 appeared and filed written version. Since OP nos. 2 and 3 did not file written version within the stipulated period the case proceeded ex parte against them. However, OP no. 1 did not file evidence on affidavit. Neither did they challenge the evidence of the complainants. The Ld. Counsel for the complainant submitted written argument as well as made oral submission.
On scrutiny and consideration of the complaint petition, documents of evidence including money receipts, it is seen that the complainants are consumers in terms of the C.P. Act, 2018. The OPs 1 to 3 have failed miserably to deliver the services for which they received advance consideration of Rs. 3,00,000/-. Hence the complainants are entitled to relief as prayed for. CC/815/2017 therefore succeeds and is allowed ex parte.
It is ordered
CC/815/2017 is allowed ex parte.
OP nos. 1 to 3 are jointly and severally directed to refund Rs. 3,00,000/- to the complainants. They are directed to pay compensation @9% p.a. on Rs. 3,00,000/- from the last date of payment i.e. from 30.09.2015. They are also directed to pay a litigation cost of Rs. 20,000/- to the complainants. All the three directions are to be complied by the OP nos. 1 to 3 jointly and severally within a period of 60 days, failing which the complainants are at liberty to put the order into execution.
CC/815/2017 is disposed of accordingly.
Free plain copies are to be delivered to all parties.
