DATE OF FILING                    :     27-02-2014.

DATE OF S/R                            :      25-03-2014.

DATE OF FINAL ORDER      :     28-07-2014.

Rekesh Kumar,

son of Mohal Lal,

residing at 82/10, Narasingha Dutta Road, P.S. Bantra,

District – Howrah. .--------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         Riazul Haque,

son of late Anarul Haque,

residing at Jolapara Maszid Lame,

P.S . Howrah, District – Howrah,

PIN – 01.

2.         Sri Kasinath Das,

residing at 27/1, Bholanath Kabiraz Lane, P.S. Bantra,

District – Howrah,

PIN – 61. -----------------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

                                                 F  I   N   A    L       O    R   D    E     R

1.               The instant complaint was filed by the complainant  U/S 12 of the C .P. Act, 1986 ( as amended upto date ) wherein the complainant has prayed for a direction to be given upon the O.Ps. to complete the construction work of the scheduled residential flat and to make registration of the same or alternatively to refund the consideration money of Rs. 4 lakhs with interest and to pay compensation of Rs. 2 lakhs as for deficiency in service and unfair trade practice together with litigation costs of the Rs. 10,000/- in spite of receiving the amount through cheque/s did not hand over the flat including deed of registration.  

2.               In spite of service of notices the o.p. no. 2 did not appear only the o.p. no. 1 appeared and filed the written version admitted for receiving the consideration amount of Rs. 4 lakhs and further opined for delivery of the flat after receiving the balance amount and declined to refund the money with interest in terms of agreement as prayed by the complainant.

3.               Upon pleadings of both parties two points arose for determination :

            i)          Is there any deficiency in service on the part of the O.Ps?

ii)                  Whether the complainant is entitled to get any relief and compensation as prayed for? 

DECISION  WITH   REASONS      :

4.               Both the points are taken up together for consideration. From the enclosures followed by executed agreement made between complainant and o.p. no. 1 it is noticed that the o.p. no. 1 miserably failed to handover the flat situated at 19/2, Brindaban Mallick Lane, Howrah, in spite of receiving Rs. 3 lakhs as consideration money out of total agreed amount Rs. 5,60,000/- and subsequently received Rs. 1 lakh for alternate location at Katapukur , Howrah. As o.p. no. 1 did not  fulfill the clause of the executed agreement within the stipulated period and the structure of flat not yet ready and the o.p. no. 1 failed to give him possession of the so called flat in spite of receiving major portion of agreed money as per agreement and the o.p. no. 2, the owner of the property did not allow to enter into the property nor even deliberate discussion the dispute and differences cropped up in between the o.ps. misleading the complainant resultant the complainant suffered a lot and tremendous mental agony. Moreover the o.ps. did not pay any importance regarding neither registration deed of conveyance nor refund the amount so received. The conduct of the o.ps. definitely comes within purview of deficiency in service and we have no hesitation to our mind that this is a fit case where the prayer of the complainant shall be allowed. 

Both the points are accordingly disposed of.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.   105 of 2014 ( HDF 105 of 2014 )  be  allowed on contest with costs against o.p. no. 1 and ex parte against the o.p. no. 2 without costs.  

      The O.P. no. 1  be directed to refund the amount of  Rs. 4 lakhs together with interest @ 9% p.a. w.e.f.  27-02-2014 i.e., the date of filing of the present complaint,                         to the complainant within 30 days from the date of this order.

      The O.P. no. 1 is  further directed to pay a sum of Rs. 1 lakh  as compensation to the complainant for causing mental pain and prolonged harassment and a litigation costs of  Rs. 5,000/- within 30 days from the date of this order i.d.,  a penal interest @   9% will be levied on the entire amount till realisation.  

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F.,Howrah.