DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 93 of  2023

 

 

1. Sri Mrinal Kanti Majumder, 

S/O- Late Aswini Kumar Majumder,

Vill & P.O. Kanchannagar, P.S. Santirbazar, 

District- South Tripura.

Pin- 799144.

 

2. Smt. Jharna Majumder,

W/O- Sri Mrinal Kanti Majumder,

Vill & P.O. Kanchannagar, P.S. Santir Bazar,

District- South Tripura,

Pin- 799144.

 

 

-VERSUS-

 

 

Smt. Nibedita Baidya,

W/O- Sri Samaresh Baidya,

Dhaleswar, Road No.6, 

Agartala, P.S. East Agartala,

District- West Tripura,

Pin- 799007.

 

Previous Agreement Address at:-

Krishnanagar, Pragati Road,

Near Meher Kalibari(Opposite side to Bhagya Chakra)

P.O. Agartala, P.S. West Agartala, 

West Tripura- 799001.

 

 

Presently residing at:- 

C/o- Sri Amulya Bhattacharjee,

26-Office Lane, Agartala,

West Tripura- 799001. ..........Opposite Party.

 

   ________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR(SMT) BINDU PAUL

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

C O U N S E L

 

 

For  the  O.P. : Exparte.

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Sri Mrinal Kanti Maujmder and Smt. Jharna Majumder of Shantir Bazar, South Tripura here-in-after called the “complainants” against the Smt. Nibedita Baidya of Dhaleswar, Agartala, West Tripura here-in-after called the “O.P.” alleging deficiency in service on the part of the O.P.

1.1 The fact of the complainant is that the complainant entered into an agreement with the O.P. on 02.01.2017 for sale of one residential flat of 825 sq. ft. in the 1st Floor with garage space of 120 sq. ft. to be constructed on land of Khatian no- 1530 and 1582, Hal Plot no- 1722/2942 and 1722/3001 of Sheet no- 5 Tehsil- Bordowali, Agartala. The total consideration price  was Rs.26,75,000/-. Accordingly the complainants paid Rs.7,50,000/- in 2 installments for which the O.P. issued receipts to the complainants.

1.2 The construction was supposed to be completed within 22 months from the date of execution of agreement for sale. The rest amount was to be paid in installments as agreed in the agreement.

1.3 The O.P. failed to complete the construction and hand over the possession to the complainants. The complainants vide letter dated 27.10.2018 requested the O.P. to complete the construction and hand over possession of the flat within one month but the O.P. by a letter informed the complainants that the land owner had cancelled the Power of Attorney executed in favour of the O.P. thereafter  the complainant cancelled the agreement with the O.P. vide letter dated 24.11.2018 and requested to refund the advanced amount of Rs.7,50,000/-. Consequently the complainants went to East Agartala P.S. to lodge a complaint but the O/C  instead of lodging the case against the O.P. arranged Salasi Baithak. Consequently on 16.03.2021 the O.P. issued 3 post dated cheques to the complainant with Federal Bank, Agartala but all the cheques were dishonoured due to insufficiency of fund which the complainant informed O/C, East Agartala P.S. Vide letter dated 17.10.2021 with a request to take action but in vain. The complainant also informed the O.P. the fact of dishonour of cheques  over telephone dated 17.04.2021, 21.05.2021 and 07.07.2021 to which the O.P. replied and requested the complainants not to lodge any case as the O.P. will pay the amount with interest within December, 2021 by 2/3 installments but also in vain. On 20.06.2023 the complainant sent one Advocate's Notice to the O.P. which the O.P. did not receive. On 05.09.2023 the complainants sent the Advocate's Notice  dated 21.06.2023 through Whatsapp number  of Maya Constructions i.e., the WhatsApp number of Samaresh Baidya, the husband of the O.P. but the O.P. has neither handed over the flat nor has refunded the advanced amount. 

1.4 Hence, this complaint.

 

2. Summon was issued upon the O.P. but the O.P. failed to contest the case although summon was served upon the O.P. by hanging the same on the outer door of the O.P. as the O.P. was unavailable at the address. Hence, vide order dated 15.03.2024 the case has been proceeding exparte against the O.P.

 

3. The complainants has submitted evidence on affidavit with documents i.e., the agreement between the complainants and O.P., money receipts for Rs.5,00,000/- and 2,50,000/- issued by the O.P., Advocate's Notice, 3 Post dated cheques which were issued by the O.P. in favour of the complainant etc. 

 

4. Hearing argument of the complainant we find that the O.P. duly entered into an agreement with the complainants for sale of one flat and took advance of Rs.7,50,000/-. But the O.P. did not complete construction of the flat on the ground that the owner  of the land had cancelled the Power of Attorney executed infavour of the O.P. At that juncture the O.P. issued 3 post dated cheques for Rs.7,50,000/- in favour of the complainant but all the 3 cheques were dishonored due to insufficiency of fund which was brought to the notice of the O.P. but the O.P. has not refunded this amount of Rs.7,50,000/-. Therefore, evil intention of the O.P. is very much  evident and obviously this amounts to deficiency in service.

 

5. In the result, it is ordered that the O.P. shall pay the amount of Rs.7,50,000/- in favour of the complainant with interest @ 7.5% P.A. from 09.04.2017 i.e., the date on which the 2nd cheque for Rs.2,50,000/- was paid to the O.P. till the date of actual payment. The O.P. shall also pay a further sum of Rs.25,000/- to the complainants as compensation which is inclusive of litigation cost.  

 

6. The case stands disposed of.

7. Supply copy of this Final Order free of cost to the parties.

 

Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR(SMT) BINDU PAUL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.