Complainants’ case in short is that O.P. no.1 and O.P. no.2 are the partners of M/s Maa Tara Construction, a partnership firm having its registered office at 28/F, Swamiji Nagar(Bahiragata Colony) P.S.-Dumdum, Kolkata-700030.
That O.Ps. have taken a land more fully described in paragraph no.3 of the petition of complaint from Aarati Roy and Balaram Chandra Roy for a joint venture development.
Thereafter the owners of land in question had also executed one general power of attorney in favour of O.Ps. regarding land and it was duly registered.
Complainants were also looking for flat for their residential purpose and knowing about such development they contacted O.Ps. and it was agreed that complainants to buy one flat of the proposed building measuring about 530sq.ft. on the first floor back portion with a settled price of Rs. 1,890/- per sq.ft. Thereafter complainants paid Rs.2,50,000/only as advance to the O.Ps. and in this regard one agreement was made and executed by and between the complainants and the O.Ps. Complainants allege that O.Ps. have accepted the advance amount and promised to hand over the said flat within time but have failed to do so.
Being dissatisfied with the service provided by the O.Ps. and also due to unfair trade practice on the part of O.Ps. complainants have instituted the present case against the O.Ps. with following prayers:
- Direction be given upon the O.Ps. to return back the amount of Rs.2, 50,000/-only to the complainant along with interest @12% p.a.
- Direction be given upon the O.Ps. to pay compensation amount of Rs.5, 00,000/-only for causing physical and mental harassment.
- Direction be given upon the O.Ps. to pay cost of litigation of Rs.50, 000/- only to the complainants.
As O.Ps. did not contest the case the instant case has proceeded ex parte hearing against O.Ps.
POINTS FOR DECISION
Are the complainants entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
To prove their case both the complainants have tendered their written examination in chief respectively supported by evidence on affidavit and they have also filed photocopies of relevant documents in support of their case.
We have gone through the evidence of the complainants and the documents filed by them.
It appears that in their evidence the complainant have fully corroborated their case as depicted in the petition of complaint and the photocopies of documents filed by them also lend support to the case of complainants. So, in view of the said evidence of the complainants and the photocopies of documents filed by them, remaining unchallenged, it is held that complainants have succeeded in proving the case and they are entitled to get reliefs as prayed for.
Hence, it is,
ORDERED
That the instant case CC/366/2020 be and the same is allowed ex parte against O.P. no. 1 and O.P. no.2 with costs.
O.Ps. are directed to pay/return back of Rs.2, 50,000/- only to the complainants with interest @8%p.a. with effect from 28.12.2020 till realization of full amount and the entire amount should be paid by the O.Ps. within 2 months from the date of this order.
O.Ps. are also directed to pay compensation amounting to Rs.50, 000/-only to the complainants for causing physical and mental harassment within 2 months from the date of this order.
O.Ps. are also directed to pay to the complainants Rs.10, 000/-towards litigation cost within 2 months from this date of this order.
Let plain copy of this order be supplied to the parties free of cost.
Dictated and Corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
