| Complaint Case No. CC/585/2022 | | ( Date of Filing : 03 Nov 2022 ) |
| | | | 1. Nimai Chandra Paul, S/o.- Late Sarat Chandra Paul | | Residing at 16A, Motijheel Avenue , P.O- Motijheel, P.S- Dum Dum, Kolkata-700074, Dist- North 24 Parganas, West Bengal. | | 2. Smt. Namita Paul W/o Nimai Chandra Paul | | Residing At 16A, Motijheel Avenue , P.O- Motijheel, P.S- Dum Dum, Kolkata-700074, Dist- North 24 Parganas, West Bengal. |
| ...........Complainant(s) | |
| Versus | | 1. Shine | | Registered Office at 11, Rastraguru Avenue, P.O and P.S- Dum Dum, Kolkata-700028, Dist- North 24 pargans, west Bengal. | | 2. Ashim Kumar Das S/o late Motilal Das | | 46/2, Prabartak pally, D.P Nagar, P.O and P.S- Belgharia, kolkata-700056, Dist- North 24 parganas, West Bengal. | | 3. Mr. Dibakar Dasgupta S/o Late Deb Ranjan Dasgupta | | Residing at 181, Negendra Nath Road, P.O and P.S- Dum Dum, kolkata-700028, dist north 24 parganas, West Bengal. | | 4. Mrs. Supanra Bose Nee Dasgupta W/o Swapan Kumar Bose and D/o late Deb Ranjan Dasgupta | | Residing at 17/3, Motijheel Avenue, p.o Motijheel, P.s- Dum Dum, kolkata-700028, Dist- North 24 pargans, west Bengal. | | 5. Mrs. Sumana Mukherjee nee Dasgupta W/o Dulal Mukherjee and D/o late Deb Ranjan Dasgupta | | Residing at 10, A.P.C Avenue, P.O- Ghughudanga, P.s- Dum Dum, kolkata-700030, Dist- north 24 parganas, west bengal. | | 6. Mr. Susanta Dasgupta S/o Late Ranadhir Dasgupta | | Residing at 17, Motijheel , P.O- Motijheel, P.s- Dum Dum, Kolkata-700074, Dist- North 24 parganas. West Bengal. | | 7. Mrs. Shukla Dasgupta w/o late Sekhardhir Dasgupta | | Residing at 17, Motijheel Avenue, P.O- Motijheel, P.s- Dum Dum, Kolkata-700074, Dist- North 24 pargans, west Bengal. | | 8. Mrs. Sutapa Ghosh W/o Subhasish Ghosh and D/o Late Sekhardhir Dasgupta | | Residing at Block-EE, 170/B4, Salt lake , Sector-II, P.O- Bidhannagar, Kolkata-700091, Dist- North 24 parganas, west Bengal. | | 9. Mr. Arunava Dasgupta alias Mr. Subhamoy Dasgupta S/o Late Sekhardhir Dasgupta | | Residing at Divine Apartment, 16 Motijheel Avenue, P.O- Motijheel, P.S- Dum Dum, kolkata-700074, Dist- North 24 Parganas, West bengal. | | 10. Dr. Sujita De W/o Dr. Sridhar Chandra De | | Residing at 21E, Motijheel Avenue, karunamayee Abasan, P.O- Motijheel , P.S- Dum dum, kolkata-700074, dist- North 24 parganas, west Bengal. | | 11. Mr. Sudhi Ranjan Das Gupta alias Mr. Sudhir Ranjan Das Ranjan Das Gupta S/o Late Benoy Ranjan Das Gupta | | Residing at 17, Motijheel Avenue, P.o- Motijheel, P.S- Dum Dum, kolkata-700074, Dist- North 24 parganas, west bengal. | | 12. Mr. Sadhak Dasgupta S/o late Asok Kumar Dasgupta | | Residing at 7, Motijheel avenue, P.O- Motijheel, P.S- Dum Dum, Kolkata-700074, Dist- North 24 Parganas, West Bengal. | | 13. Mr. Aloke Das Gupta s/o Late Asok Kumar Dasgupta | | Residing at 17, Motijheel avenue, P.O- Motijheel, P.S- Dum Dum, Kolkata-700074, Dist- North 24 Parganas, west Bengal. | | 14. Mr. Avik Dasgupta S/o Late Asoke Kumar Dasgupta | | 17, Motijheel avenue, P.O- Motijheel, P.s- Dum dum, kolkata-700074, Dist- North 24 parganas, West Bengal. | | 15. Mrs. Malabika Dasgupta D/o Late premananda dasgupta alias Kabyatirtha and W/o late Sarit Dasgupta | | Residing at 143, sukhia Road, 10 No. Basti P.O- Golmuri, P.s- Sidhgora, Jamsedpur-831009, Dist- east singbhum. | | 16. Mr. Somenath Sengupta S/o late Manjulika Sengupta | | Residing at UPASANA Flat no. ,18, Barrackpore Road, Noapara, P.O- Noapara, P.s- Barasat, Kolkata-700125, Dist- North 24 Parganas, west Bengal. | | 17. Mr. Parthapratim Dasgupta S/o Late Premananda Dasgupta | | Residing at 617, M.B road Siddhewari bazar, Birati, P.o- Birati, P.s- Nimta, Kolkata-700051, Dist- North 24 Parganas, west Bengal. | | 18. Mr. Prabha Dasgupta s/o late Premananda Dasgupta | | Residing at 617, .M.M.B Road Siddheswari bazar, Birati, P.o- Birati, P.s- Nimta, Kolkata-700051, Dist- North 24 Parganas, west Bengal. | | 19. Mrs. Anusua Majumdar D/o late Nikunja Behari Dasgupta And w/o Mr. Alakash Majumder | | Residing at Mukherjee Bagan, P.O and P.s- Cinsurah, Pin-712102, Dist- Hooghly. | | 20. Mrs. Saswati Dasgupta D/o late nikunja Behari Dasgupta W/o Suman Kumar Roy | | Residing at Suratoran apartment, Flat No. A-4, 176/1, Briji east, Kadamtala, Garia, P.O- Garia, P.s- Patuli, Kolkata-700084, Dist- South 24 Parganas. | | 21. Mr. Ranjan Dasgupta S/o late Nikunja Behari Dasgupta | | Residing at 264, ashoke road, Flat 4A, p.o- garia, p.s- Patuli, Kolkata-700084, Dist- South 24 parganas. |
| ............Opp.Party(s) |
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| Final Order / Judgement | The case of the complainants in brief is that the complainants being an intending purchaser had entered into an agreement for sale with the aforementioned Opposite Parties on 08.06.2019 for purchasing a flat measuring about 1300 Sq.ft. super built up area on the 3rd Floor, on the South West side at a multi storied building to be developed by the O.P./developers. It is stated in the petition of complaint that total consideration amount of Rs. 78, 00,000/- (Rupees seventy eight lakh) was the value of the said flat out of which the complainants paid a sum of Rs. 15,60,000/- (Rupees fifteen lakh sixty thousand) on different dates to the O.P./developer for the booking of the said proposed flat at 17, Motijheel Avenue, P.O. – Motijheel, P.S. – Dum Dum, Kolkata – 700074. Complainants were ready to pay the balance consideration money at the time of execution and registration of the deed of conveyance but O.Ps. neglected to complete the incomplete work and execute and register a deed of conveyance in favour of the complainants. It is stated in the petition of complaint that on several occasions, complainants requested the O.Ps. to execute and register the agreement for sale and to deliver the possession of the said flat in favour of the complainants after receiving balance consideration money but O.P. did nothing to that effect. Finding no other alternative, complainants requested the O.Ps. to cancel the booking and refund the paid consideration amount to the complainants but till date O.Ps. neither take any initiative to hand over the possession of the flat to the Complainants neither they receive balance consideration regarding the registration of the flat in favour of the Complainants nor they started construction work. Hence, this case. Complainants filed this case praying for direction upon the O.P. to execute and register the deed of conveyance in respect of the flat of the complainants after handing over the possession along with compensation of Rs. 2,00,000/- and cost of litigation. In their alternative prayer, complainants prayed for refund of Rs. 15, 60,000/- along with statutory interest. In spite of service of notice O.P no. 1 to 21 did not appear before this Commission and no written version has been filed on their behalf. Hence the case was proceeded ex-parte against O.P no. 1 to 21 vide order no. 3 dated 24.01.2023. Decision with reasons To prove their case, complainants adduced affidavit in chief along with relevant documents. On perusal of the agreement for sale dated 8th June, 2019, it appears that complainants had entered into an agreement with the landowners and developers and accordingly complainants paid Rs. 7, 80,000/- at the time of execution of the agreement dated 08.06.2019. Subsequently complainants paid Rs. 7, 80,000/- on 07.06.2019 vide Cheque No. 614094 to the O.P. – Developer. As per said agreement the construction work of the flat of the Complainants was to be completed within 36 months from the date of obtaining sanction plan. It appears from the agreement that OPs were under obligation to register the Deed of Conveyance in respect of the flat of the Complainants in favour of them. It further appears from the agreement dated 08.06.2019 that if the developer failed to deliver possession of the flat within the stipulated period, the developer would refund the entire amount with bank interest to the purchasers. It is evident from the record that at the time of filing this case O.P. did not hand over the possession of the said flat to the complainants. Deviation from the promise to deliver a flat within 36 months from the date of obtaining sanction plan amounts to deficiency in service on the part of the O.Ps. In course of hearing Ld. Advocate for the Complainants submitted that no construction work has been started till date by the OPs. Subsequently Ld. Advocate for the Complainants prayed for refund of the paid consideration amount. Since, the OPno.1 & 2 received the amount paid by the complainants therefore, they are liable to refund the same to the Complainants. Further, the inaction of the O.P no 1&2 compelled the complainants to file this case. Hence, they are liable to pay compensation and litigation cost to the complainants. In the result, the complaint case succeeds. Hence, it is, Ordered that the complaint case be and the same is allowed against O.P. no.1&2 with cost and dismissed against O.Ps. 1 to 2 without cost. O.Ps. 1 and 2 are directed to refund Rs. 15,60,000/- (Rupees fifteen lakh sixty thousand) with interest @ 8% per annum from each date of payment till realization in the form of compensation to the complainants within 45 days from this date of order. O.P no.1&2 are further directed to pay Rs. 20,000/- towards the cost of litigation to the complainants within the aforesaid period, failing which entire amount shall carry interest @ 12% per annum. Let plain copy of this order be supplied to the parties free of cost. Dictated and Corrected by [HON'BLE MRS. Sagarika Sarkar]
MEMBER
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