| Miscellaneous Application No. MA/111/2022 | | ( Date of Filing : 31 Aug 2022 ) | | In | | Complaint Case No. CC/240/2022 |
| | | | 1. Rajesh Kumar Agrawal | | S/o Mohan Lal Agarwal, Flat No. 10 UC, Maniktala Being Premises No. 156C, Maniktala Main Road, Kolkata - 700054. |
| ...........Appellant(s) | |
| Versus | | 1. Patodia Real Estate and Builders Private Limited and 15 others | | 32, Ezra Street, North Side, P.S. - Hare Street, P.O. - GPO, Kolkata - 700001. | | 2. Deserve Projects LLp | | 32, Ezra Street, Room No. 461, P.S. - Hare Street, P.O. - GPO, Kolkata - 700001. | | 3. Dhankuber Real Estate LLP | | 32, Ezra Street, North Side, 4th Floor (Todi Corner), P.S. - Hare Street, P.O. - GPO, Kolkata - 700001. | | 4. Dhanrashi Builders LLP | | 32, Ezra Street, North Side, 4th Floor (Todi Corner), P.S. - Hare Street, P.O. - GPO, Kolkata - 700001. | | 5. Hilife Towers LLP | | 32, Ezra Street, North Side, P.S. - Hare Street, P.O. - GPO, Kolkata - 700001. | | 6. Hytone Estates LLP | | 32, Ezra Street, North Side, 4th Floor (Todi Corner), P.S. - Hare Street, P.O. - GPO, Kolkata - 700001. | | 7. Mons Developers Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 8. Mons Properties Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 9. Alpes Projects Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 10. Acuario Builders Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 11. Pink Daffodil Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 12. Brown Rock Constructions Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 13. Sky Colour Builders Pvt. Ltd. | | 33A, Canal Circular Road, P.S. - Phoolbagan, P.O. - Kankurgachi, Kolkata - 700054. | | 14. Mons Real Estate Pvt. Ltd. | | 4A, Nandalal Basu Sarni, P.S. - Shakespeare Sarani, P.O. - Park Street, Kolkata - 700016. | | 15. Alpes Constructions Pvt. Ltd. | | 4A, Nandalal Basu Sarni, P.S. - Shakespeare Sarani, P.O. - Park Street, Kolkata - 700016. | | 16. Siom Realty Pvt. Ltd. | | 11/1, Sunny Park, 1st Floor, P.S. & P.O. - Ballygunge, Kolkata - 700019. |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | Order No.1 contd. 31/08/2022 Ld. Advocate for the complainant is present. Perused and considered the MA Application on the prayer for grant of ad interim order of injunction against all the opposite parties. Heard Ld. Advocate for the complainant. Ld. Advocate for the complainant submits that the complainant has already invested a sum of Rs.31,00,000/- (Rupees Thirty One lakh) only on account of one flat booking between 3000 to 3300 sq. ft. The proposed flat was supposed to be constructed as multi storied building over the land of premises no. 169 & 170 Manicktala Main Road, Kolkata – 700054. Ld. Advocate for the complainant states that after payment of the aforementioned amount, opposite party no.1 issued a letter dated 13.09.2012, acknowledging the fact of the payment and booking of one flat of 3000 to 3300 sq. ft. on the said land. The said letter dated 13.09.2012 has already submitted by the complainant as Annexure-A to the complaint. Ld. Advocate for the complainant further states that after lapse of long ten years, opposite party no.1 has not started the work of development /construction of building on the said property. In the mean time, opposite party nos. 1 to 15 entered into a Development Agreement with opposite party nos.16 in respect of the said land for construction of buildings thereon. It is alleged that the opposite party no.1 has all along played fraud upon the complainant in order to make illegal gain at the cost of lawful money of the complainant and also liable for deficiency of service and unfair trade practice. It is further stated that the opposite parties are required to be restrained by an order of ad interim injunction from transferring, conveying and /or alienating the suit property to any third party without the leave of this Commission. On perusal of the record, we find the schedule of the Complaint is a piece of parcel of land measuring about 103 Cottah 11 chittak 38 sq. ft. together with structured standing thereof at premises no. 170, Manicktala Main Road, P.S.-Phoolbagan, Kolkata-700054. The letter dt. 13.09.2022 issued by opposite party no.1 in favour of the complainant further reveals that a sum of Rs.31,00,000/- only has been paid by the complainant vide cheque no. 735174 dt. 13.09.2012 drawn on HDFC Bank Ltd. on account of booking of a flat between 3000 to 3300 sq. ft. be constructed over the land of premises 169 & 170 Manicktala Main Road, Kolkata – 700054. It was further stated in the letter that the booking is purely on the basis on financial booking but will be converted into flat wise booking by giving the complainant opportunity under Serial No.46 for further independent selection of the flat. Ld. Advocate for the complainant frankly submits that till date the opposite parties have not started any work of construction at the said property. On perusal of the complaint we find that the complainant has filed this case on the prayer of refund of the paid sum of Rs.31,00,000/- only along with accrued interest @ 18% from the date of payment till realization, compensation and litigation costs. So, it is apparent on the face of the record that the complainant has filed the instant case praying on monetary relief. In the above context, no order of ad interim injunction is warranted to be passed on the entire suit premises measuring about 103 Cottah 11 chittak 38 sq. ft. Therefore, considering the balance of convenience and inconvenience the prayer for ad interim injunction stands rejected. Thus, the MA application is disposed of. | |
