| Complaint Case No. CC/322/2021 | | ( Date of Filing : 08 Oct 2021 ) |
| | | | 1. Biswanath Kabiraj S/o Late Bhutesh Nath Kabiraj | | Residing at Vivekananda Sarani, Jyangra Bottala, Hatiara Road, P.O- Deshbandhunagar, P.S- Baguiati, Kolkata-700059, Dist- North 24 Parganas, West Bengal. | | 2. Suchandra Kabiraj W/o Biswanath Kabiraj | | Residing at Vivekananda Sarani, Jyangra Bottala, Hatiara Road, P.O- Deshbandhunagar, P.S- Baguiati, Kolkata-700059, Dist- North 24 Parganas, West Bengal. |
| ...........Complainant(s) | |
| Versus | | 1. Samasth Infotainment Pvt. Ltd. | | Registered office at Godrej Genesis Building , 2nd Floor, Block EP and GP, Sector- V, Salt Lake , Electronics Complex, P.O- Sech Bhawan, Kolkata-700091, P.S- Electronics Complex, Dist- North 24 Parganas, West Bengal. | | 2. Simoco Telecommunications (South Asia) Ltd. Represented by Mr. Prosenjit Mukherjee, Director and Authorized. | | Registered office at Godrej Genesis Building , 2nd Floor, Block EP and GP, Sector- V, Salt Lake , Electronics Complex, P.O- Sech Bhawan, Kolkata-700091, P.S- Electronics Complex, Dist- North 24 Pgs. | | 3. Sun Conclave Pvt. Ltd. Represented by Mr. Dipiyoti Ghose, Authorized Representative | | Registered office at Godrej Genesis Building , 2nd Floor, Block EP and GP, Sector- V, Salt Lake , Electronics Complex, P.O- Sech Bhawan, Kolkata-700091, P.S- Electronics Complex, Dist- North 24 Pgs | | 4. The Director, Simoco Systems and Infrastructure Solutions Ltd. Represented by Mr. Aloke Kumar Das ,Authorized representatives | | Registered office at Godrej Genesis Building , 2nd Floor, Block EP and GP, Sector- V, Salt Lake , Electronics Complex, P.O- Sech Bhawan, Kolkata-700091, P.S- Electronics Complex, Dist- North 24 Pgs. |
| ............Opp.Party(s) |
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| Final Order / Judgement | - The Ops being realtors floated a housing project names as “Sanhita” at Satuli under P.S.-Cossipore, in Bhagabanpur Gram Panchayat area in the district of South 24 pgs and the complainant having need of a dwelling unit agreed to purchase a 734 sq.ft. 2BHK flat on 14.12.2017 in the said housing project. The flat was priced at Rs. 15, 75,000/-. Following the terms of agreement payment of Rs. 13, 41,000/- was made by the purchaser in installments on 01.12.2017, 07.12.2017, 30.05.2019 and 10.12.2018. But the developers neglected to carry out construction of the aforesaid housing project and failed to execute and register the sale deed in favour of the complainant for which the complainant had no option but to file this case on 08.10.2021 seeking several reliefs from the OPs.
- With a view to contest the case, W/V was filed by the OPs. But the OPs have not mentioned in the W/V that the aforesaid amount was not advanced by the complainant for purchasing a flat in Sanhita housing project.
- In support of his case the complainant has filed (a) evidence on affidavit, (b) agreement for sale dated 14.12.2017, (c) money receipts, (d) copy of bank statements, (e) copies of notices and (f) BNA. The OPs have not challenged any of the aforesaid documents on any ground whatsoever. This is why the documents filed by the complainant may be presumed to carry impeccable evidentiary value. It is quite clear from the documents on record that the complainant advanced Rs. 13, 41,000/- for purchasing a flat in Sanhita housing project under an agreement. It is also obvious from the aforesaid documents that the Sanhita housing project was not properly raised by the developers for which the same could not see the light of the day. The complainant who parted with huge amount with a hope that he would get a flat had to put up with, since long, harassment and agony and also loss of interest in respect to the aforesaid amount of Rs. 13,41,000/-. The OPs who are utilizing the complainant’s money to the tune of Rs. 13, 41,000/- on and from May, 2019 for their own benefit are required to be put under direction to return the same to the complainant with interest. The rate of interest may be fixed at 10%p.a. The complainant is entitled to some compensation due to the harassment and agony. He has suffered since long for the unlawful trade practice on the part of the developers. After taking into account the volume of harassment and agony, the amount of compensation may be fixed at Rs. 2,75,000/-. The complainant will also get Rs. 25,000/- on account of litigation cost.
The case is thus disposed of with the following directions:- - The OP will returned Rs. 13, 41,000/- with interest @10% p.a. with effect from 30.05.2019 till realisation within a period of 45 days hence failing which the amount will carry interest @12% p.a.
- The OP will also pay Rs. 2,75,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 3,00,000/- within 45 days hence failing which the amount will accrue interest @12% p.a
Let a plain copy be handed over the parties free of cost as per CPR. Dictated and Corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT | |
