DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 58 OF 2019
DATE OF FILING: 12.04.2019 DATE OF PASSING JUDGEMENT: 09.08.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : Sunit Kumar Bandyopadhyay, S/O – Saral Banerjee of 23/18, Naktala Road, P.S. – Netaji Nagar, Kolkata – 700 047.
O.P/O.Ps : Rajwada Developer carrying on business under the name and style of Rajwada Group, a company incorporated under the Companies Act having its registered office at 26, Mahamaya Mandir Road, Maahamayatala, P.S. – Sonarpur, Kolkata – 700 084.
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JUDGMENT
Sri Ananta Kumar Kapri, President
The epitome of the facts leading to the filing of the instant case runs as follows.
The complainant paid Rs. 1,00,000/- only on 20.03.2017 to the O.P. as booking money by A/c Payee Cheque for purchasing a flat along with a car parking space in the project building of the O.P. Thereafter, he came to know that the O.P. was going to install a mobile tower on the roof of the project building and therefore the complainant expressed his unwillingness to purchase the said flat in the project building. He requested the O.P. to return his booking money of Rs. 1,00,000/-, but the O.P. has turned a deaf ear to such request of the complainant. Now the complainant has approached this forum by filing the instant case, praying for return of Rs. 1,00,000/-, interest thereon and also for compensation for causing mental agony and unfair trade practice on the part of the O.P. Hence, this case.
Notice of the case has been served upon the O.P., vide the postal track report kept in the record. But the O.P. does not appear in the case and therefore the case is heard ex-parte against him.
The complainant has led evidence on affidavit and the same is kept in record.
DECISION WITH REASONS
Now to see whether there is any deficiency in service on the part of the O.P. in not returning the booking money to the complainant.
It is stated on oath by the complainant that he made payment of Rs. 1,00,000/- as booking money to the O.P. on 20.03.2017 by A/c payee cheque for purchasing a flat in the project building of the O.P. It is further stated in his evidence by the complainant that he came to know after the payment of the aforesaid booking money to the O.P. that the O.P. was going to install a mobile tower on the roof of the project building and that he was therefore not willing to purchase the flat in the said building. He demanded refund of the booking money and the said money was not refunded to the complainant by the O.P. All these transpire in the evidence of the complainant, which goes unchallenged.
Further, the complainant has also filed a copy of money receipt dated 09.03.2017 whereby it stands established that he has paid Rs. 1,00,000/- to the O.P. A copy of a letter sent by the complainant to the O.P. through his email on 03.08.2017 has been placed on record and by this letter the complainant cancelled his booking and requested the O.P. to refund the booking money to him. Reply of the said email was also sent back to the complainant by the O.P. The texts of both emails are reproduced hereunder.
From : Sunit K Bandyopadhyay <rd August 2017, 11:00 AM
Subject : Re: Refund related
Hello Rajwada group,
With reference to my Request for Cancellation dated Tue, Jun 6, 2017 at 5:50 PM, you have replied on 7 Jun at 2:22 PM as follows:
Hello,
We have noted your request for cancellation. We will refund your amount as per refund policy within 180 days of the cancellation mail.
Regards,
RAJWADA GROUP BACK OFFICE
It transpires on the above email reply of the O.P. that the O.P. agreed to refund the amount to the complainant as per refund policy within 180 days of cancellation mail. The cancellation mail was sent to the O.P. by the complainant on Thursday, 3rd August, 2017 at 11:00 a.m. Since then more than 180 days have passed away, but the booking money has not been refunded to the complainant by the O.P. and therefore the complainant has filed the instant case on 12.04.2019 praying for refund of the booking money given by him to the O.P.
Negligence and inability on the part of the O.P. to refund the booking money within 180 days of the cancellation mail is clearly a deficiency in service on the part of the O.P. It is not only a deficiency in service on the part of the O.P. but also unfair trade practice on his part. Due to such unfair trade practice, the complainant has certainly suffered harassment and mental agony for which the O.P. will have to pay compensation to the complainant.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed ex-parte against the O.P. with a cost of Rs. 5,000/-.
The O.P. is directed to refund Rs. 1,00,000/- with interest at the rate of 10% p.a. from the date of receipt of the booking money i.e. 20.03.2017 till full realization thereof and also to pay a sum of Rs. 5,000/- as compensation for harassment and mental agony caused to the complainant. The compensation amount and the cost amount are to be paid within a month of this order failing which both the amounts will bear interest at the rate of 10% p.a. till full realization thereof.
Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.
I/We agree Member President
Directed and corrected by me
President
