DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.732/2016
Date of Filing: Date of Admission Date of Disposal:
13.12.2016 22.12.2016 28.07.2017
Complainant = Vs. = O.P.
Pradeep Kumar Kundu, 1. Raja Saha,
52H, Sonali Park, MD of Exin Realty Pvt. Ltd,
P.O. Garia, 8/286, VIP Road, Kaikhali,
P.S. Banshdroni, Block-K-10, P.O. Airport,
Pin- 700084. (Besides UBI Kaikhali Branch)
Kolkata- 700052
2. Dilip Sen,
Director of Exin Realty Pvt. Ltd,
8/286, VIP Road, Kaikhali,
Block-K-10, P.O. Airport,
(Besides UBI Kaikhali Branch),
Kolkata- 700052.
3. Pabitra Biswas,
Director of Exin Realty Pvt. Ltd,
8/286, VIP Road, Kaikhali,
Block-K-10, P.O. Airport,
(Besides UBI Kaikhali Branch),
Kolkata- 700052.
P R E S E N T :- Bankim Chandra Chattopadhyay……President
:- Sri. Siddhartha Ganguli ….………………..Member
:- Smt. Kabita Acharjee(Goswami)……….Member
J U D G E M E N T
The gist case of the complainant is that the complainant booked one 2BHK flat at Greenary residence at Lauhati More, Bhangar Road, Rajarhat, Kolkata on 26.11.2014 and an application –cum- terms and conditions have been submitted and by two cheques he paid Rs. 3,00,000/- plus Rs. 1,00,000/- totaling Rs. 4,00,000/- to the O.Ps. The complainant on 04.03.2015 paid Rs. 3,00,000/- to the O.Ps as advance payment and at the time of advance payment the O.Ps assured that they will start construction work within 6 months. But no construction work started till the date of filing of this case. The complainant after making payment visited the construction site and found that nothing was done for construction. Several correspondences were made between the parties. The O.Ps gave assurance to the complainant but ultimately all were in vain.
Dictated and Corrected Contd…..2/-
C. C. Case No.-732/2016
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Finding no other alternative the complainant lodged a complaint before Assistant Director, C.A and F.B.P, 11A Mirza Galib Street against the O.Ps, but no mediation was done and the case was dropped from the end of the Assistant Director with a direction to file a specific case before the proper Forum. The complainant thereafter lodged this case for getting proper redressal as stated in his prayer which are as follows:-
- A direction for the O.Ps to give possession of the booking flat to the complainant within a short time or refund the advance payment of Rs. 4,00,000/- with interest with interest what so ever dues along with compensation of Rs. 50,000/- for physical harassment and mental agony of the complainant.
- Litigation cost of Rs. 5,000/- may kindly be allowed in favour of the complainant.
The complainant with his written complaint filed the following documents:-
i). Booking amount paid to Greenery Residence Rs. 1,00,000/- dated 26.11.201(Annex-1).
ii). Application form of Greenery Residence Project in Exin Realty Pvt. Ltd vide serial No. 110001(annex-2).
iii). A letter received from Exin Realty Pvt. Ltd dated 08.02.16.
iv). A letter sent to the Exin Realty Pvt. Ltd dated 07.03.16.
v). A letter receive from Exin Realty Pvt. Ltd dated 10.03.2016.
vi). Drop letter of the Asstt. Director, Govt. of West Bengal.
vii). LIC Housing Finance Ltd approved for loan the project of Exin Realty Pvt. Ltd dated 26.06.2015.
Notices were issued upon the O.Ps and it is seen from the track report that the notices were duly served upon the O.Ps but they failed to appear before this Forum and therefore the case has been fixed for exparte hearing.
On the date of exparte hearing O.P. No.3 appeared before this Forum and prayed for vacating the exparte order which was rejected by this Forum as this Forum has no jurisdiction to review its own order. Consequently, the case has been heard exparte.
During hearing the complainant filed a petition supported by an affidavit with a prayer to treat the complaint petition itself as examination-in-chief of the complainant.
Dictated and Corrected Contd…..3/-
C. C. Case No.-732/2016
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From the pleadings of the parties the following points have been framed for decision:-
1). Is the complainant consumer?
2). Are the O.Ps deficient in service?
4). What relief the complainant is entitled to get?
Reasoned Decision
All the points are taken up together for the sake of brevity and convenience.
From the complaint petition, documents annexed and the evidence adduced it is found that the complainant has booked a 2BHK flat at
Greenery Residence at Lauhati More, Bhangore Road, Rajarhat, Kolkata- 700135, Dist- North 24 Pgs, under Mouza- Bishnupur, under J. L. No. 44, L. R. Khatian No. 2297, R.S. Dag No. 3884 and 3885 and the complainant filed an application on 04.03.2015 to the O.Ps. He made advance payment of Rs. 4,00,000/- in total which has been duly acknowledged by the O.Ps.
The main contention of the complainant is that after payment of advance money the O.Ps did not start any construction work on the project site as stated above and therefore, the O.Ps were deficient in service and adopted unfair trade practice.
From the correspondences made between the parties it is revealed that the construction work was delayed and the said factum had been informed to the complainant and therefore, the O.Ps wrote a letter to the complainant on 13.11.15 to apprise them whether he wanted to proceed further or not and thereafter the complainant approached before the Assistant Director, C.A and FBP for refund of money along with other reliefs but the mediation was failed.
Considering all these, we are of the view that the complainant is a consumer and the O.Ps were deficient in service by not starting the project work within the stipulated time and therefore the case of the complainant succeeded in part.
Hence
Ordered,
that the complaint be and the same is allowed ex parte in part.
The O.Ps are jointly and severally directed to refund Rs. 4,00,000/- to the complainant within one month from the date of this order, failing which 6% interest shall be borne by the O.Ps till realization.
Copy be delivered to the parties free of cost.
Member Member President
Dictated and Corrected by me.
