West Bengal

Bankura

CC/62/2014

Paresh nath Chatterjee - Complainant(s)

Versus

P,R Conclave Pvt. Ltd. - Opp.Party(s)

Tapan Dey

15 Mar 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 62/2014

Date of Filing : 21.04.2014

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant: Ld. Advocate Priyabrata Dutta

For the O.P. None

Complainant           

Paresh Nath Chatterjee, Friends Residency, Keshikole, Bankura

Opposite Party  

1.M/s P.R. Conclave Pvt. Ltd., Kankata, Kenduadihi, Bankura  2.Mr. Prasanta Dana, Kenduadihi, Bankura 3.Mr. Pratap Barman, School Danga, Bankura  4.Mrs. Chandrani Sengupta, W/o Sourav Sengupta, Arabinda Nagar, Bankura 5.Mr. Dilip Kr. DuttaS/o Sri Gorachand Dutta, Subhankar Sarani, Pratap Bagan, Bankura 6. Mr. Swapan Dutta, S/o Sri Gorachand Dutta, Boga, Bankura

FINAL ORDER / JUDGEMENT 

Order No.55                                                                                   

Dt. 15-03-2023

Hazira is filed on behalf of the complainant through advocate and certain documents are filed as per firisti.

No step is taken by the O.P.

The case is fixed for argument.

After hearing argument the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he booked a Flalt No. being 1/A, 1^st Floor Punnatoya Housing Project with O.P. No.1 by making down payment of Rs.50,000/- in cash under Money receipt dated: 10-10-2013 issued by O.P. No.1 and thereafter he paid Rs.3,60,000/- by Cheque under Money receipt dated: 22-10-2013 issued by O.P. No.1 but ultimately the complainant could not get the possession of the Flat due to non-cooperation of O.P. No.1 and its Directors being O.P. No.2,3,4 and also the Developers being O.P. No.5 & 6. After much persuation the complainant could manage to get back Rs.3,10,000/- from the O.P. concerned by a Cheque dated: 09-01-2014. However the complainant failed to collect from the O.P. concerned the balance Earnest money of Rs.1,00,000/-. Hence this case.

                                                                                                                                                                         Contd…….p/2

Page: 2

O.P. No.4&5 contested the case by filing a common written version separately wherein the fact of booking of the Flat and the payment of Earnest money by the complainant has been admitted but they have some reservation regarding the refund of the Earnest money.

-:Decision with reasons:-

Having regard to the facts and circumstances and the documents on record it is clear that the complainant advanced Rs.4,10,000/- in all in favour of the O.P.s for purchase of the Flat out of which he has received Rs.3,10,000/- and balance amount of Rs.1,00,000/- is yet to be refunded by the O.P.s.

The O.P.s are bound to refund the balance Earnest money of Rs.1,00,000/- to the complainant as the transaction for purchase of Flat has not been successfully completed. There is no whisper in the written version regarding forfeiture of any portion of Earnest money advanced by the complainant.

Accordingly the case succeeds.

Hence it is ordered……

That the case be and the same is allowed on contest but without cost.

O.P.s are directed to refund Rs,1,00,000/- to the complainant  within one month from this date in default the decretal amount may be recovered in due process of law.

Both parties be supplied copy of this order free of cost.

 

   __________________                   ________________                ________________

HON’BLE   PRESIDENT          HON’BLE    MEMBER         HON’BLE    MEMBER