Hon’ble Sri Ajeya Matilal, Presiding Member
Ld. Counsel appearing for the Complainant is present.
Today is fixed for ex parte hearing of the complaint case.
The complaint case is taken up for hearing.
Heard the Ld. Counsel for the Complainant.
This is a case under Section 12 of the Consumer Protection Act, 1986 valued at Rs. 38,90,000/- (Thirty Eight Lac Ninety Thousand).
The fact of the case is in short like that the Complainant came to know that the OPs had started a construction project in the form of multi storied building at Municipal Holding no. AS/844/BL-KM/13-14 of Krishnapur Samarpally within Rajarhat-Gopalpur Municipality now Bidhannagar Municipality in the district of North 24 Parganas on a piece and parcel of land measuring about 11 cottahs, 4 chittacks and 23 sq.ft more or less.
The OP No. 1 is the developer and constituted attorney of OP Nos. 2 to 8. They entered into a development agreement on 24.05.2013 for the purpose of construction of multi storied building in the land.
The owners had executed a registered general power of attorney on 24.05.2013 in favour of the OP No. 1 for development of the said landed property with a right to find out suitable buyer and to sell out the finished flats from the allocation of the developers.
The complainants searching for a suitable accommodation became interested to buy one residential unit situated on the 3rd floor, measuring of 1150 sq.ft. more or less with undivided proportionate share in the land appurtenant thereto along with proportionate share of the land and common areas, facilities etc.
The agreement for sale at Annexure ‘A’ at page no. 11 onwards. It appears from the said document that the consideration money for purchasing flat is Rs. 34,50,000/-(Thirty four Lac Fifty Thousand) as per agreement for sale.
The OPs being the developer had the obligation to complete the construction work of the flat and handover possession of the same within December, 2018.
After completion of the entire project particularly the unit of the complainants, the developers/OPs had already received a total of Rs. 14,40,000/-(Fourteen Lac Forty Thousand) which is at Annexure ‘B’ at page no. 34. It appears from the said document that Rs.14,40,000/- (Fourteen Lac Forty Thousand) was paid to the developer/OP No. 1.
Subsequently, the OPs refused and neglected to accept the balance consideration money and execute the sale deed and they also did not handover the possession of the flat in question.
According to the Complainants this amounts to deficiency in service on the part of the OPs.
The Complainants subsequently sent a letter to the OPs on 15.08.2019 claiming refund of Rs. 14,40,000/-(Fourteen Lac Forty Thousand) along with interest @ 12% p.a. from 20.08.2019 till its realisation.
The OPs by letter dated 15.08.2019 issued an Account Payee Cheque amounting to Rs. 5,00,000/-(Five Lac) drawn on Axis Bank Limited bearing Cheque No. 060269 dated 20.08.2019. The copy of the cheque is at page 38 of the complaint.
When the issued cheque was presented before the ICICI Bank, it was dishonoured on the ground of ‘insufficient fund’.
The return memo issued by ICICI Bank is Annexure ‘D’ at page no. 37.
On 20.09.2019 the Complainant issued a notice to the OPs which is at Annexure ‘E’ at page no. 39 wherein the OPs were requested to make payment of Rs. 5,00,000/-(Five Lac) within 15 days from the date of notice, but in spite of receipt of notice, the OPs did not do the needful. Thereafter, the Complainant has filed this case.
Our attention is drawn to Annexure ‘D’ at page no. 36 where the OPs assured by letter dated 15.08.2019 that they are giving Rs.5,00,000/- (Five Lac) vide cheque no. 060269 dated 20.08.2019 as part payment. The OPs assured that he would pay the balance amount by 30.09.2019 but they did not make any payment. So the Complainant filed the case.
According to the complaint case, the cause of action arose on 06.09.2019 i.e. on the date of refusal of the cheque. The OP No. 1 filed written version wherefrom he assured that he would make the payment.
It appears from the evidence on record along with the documents enclosed that the Complainants are the consumers and they have cause of action for filing the case. We have already discussed that there is a deficiency in service on the part of the OPs. So, the Complainant is entitled to get the relief as prayed for.
It appears that in spite of the receiving the part consideration money the OPs did not do anything.
So, the case succeeds.
Hence, it is,
O R D E R E D
That the complaint case being no. 875/2019 is allowed ex parte against the OPs.
The OP No. 1 is directed to refund of Rs. 14,40,000/-(Fourteen Lac Forty Thousand) within 45 days to the Complainants from the date of Order along with compensation of Rs. 1,75,000/-(One Lac Seventy Five Thousand) failing which it shall carry the interest @ 9% p.a. on the aforesaid sum till the date of realisation and pay Rs. 15,000/- as litigation cost.
Let a copy of this Order be made available to the parties free of costs.
The complaint case stands disposed of.
Note accordingly.
