DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 133/2015
Date of Filing: Date of Admission Date of Disposal:
18.02.2015 03.03.2015 03.08.2015
Complainant = Vs. = O.Ps.
Smt. Ratna Dutta Gupta 1. Shri Swapan Sarkar
W/o. Shri Tapas Dutta Gupta S/o. Late Nipendra Chandra Sarkar
of Motijhee I.H. Estate (Old), 187B, M.N. Saha Road,
Block-F/20, P.O.-Motijheel, P.S.-Dum Dum,
Dum Dum, Kolkata-700074. Kolkata-700074.
2. Madhusudan Dey
S/o. Late Nani Gopal Dey
3. Miss Sabita Dey
D/o. Late Nani Gopal Dey
Both are of 61, Prafulla Nagar
Colony, P.S.-Dum Dum,
Kolkata-700074.
J U D G E M E N T
Facts of the case, in short, is that the complainant as a purchaser, entered into an agreement dated 16th August, 2011, for selling and purchasing a flat measuring an area about 700 sq. ft which was to be constructed at the 2nd floor of the proposed building at the land comprised in C.S. plot No-844(P) & 845(P), E/P No-S.P. No-118, J.L. No-21, holding No-104 old, Premises No-61, Prafulla Nagar Colony, Under Mouza Bagjola, P.S.-Dum Dum under within the limits of South Dum Dum Municipality, Kolkata-700074 for the consideration amount of Rs 9, 80, 000/-, on terms and conditions so mentioned therein.
Complainant stated that the complainant has already paid an amount of Rs 5, 10, 000/- by way of cheque and cash to the OP No-1. Complainant was always ready with rest consideration amount for payment and get registration of sale deed in respect of the aforesaid proposed flat but the OPs have neglected to comply with the terms and conditions of the aforesaid agreement for sale as the OPs have failed to construct the said flat till date.
Dictated and corrected Contd. …. 2/-
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Complainant also stated that since the OPs have failed to construct the said flat so the OP No-1 requested the complainant to get refund of aforesaid paid amount with interest thereon and accordingly upon which the complainant agreed for the same and the OP No-1 promised to refund the aforesaid paid amount of Rs 5, 10, 000/- with interest thereon.
Complainant further stated that thereafter the aforesaid agreement dated 16.08.2014 have been cancelled vide a deed of certificate dated 10.02.2014 and the OP No-1 have returned merely a sum of Rs 3, 90, 000/- only in different installment. The OP No-1 issued a cheque of Rs 1, 00, 000/- bearing no-207422 dated 15.08.2014 which was also dishonored.
Complainant stated that the complainant repeatedly requested OP No-1 to refund her rest amount of Rs 1, 20, 000/- plus interest thereon but the OP No-1 willfully and deliberately neglected to refund the said amount and hence there is deficiency in service in not providing the flat as per aforesaid agreement for sale and liable for compensation.
Complainant also stated that getting no alternative the complainant sent a legal notice dated 20.10.2014 through her Ld. Advocate and after receiving this legal notice OP No-1 promised the complainant before the local people to pay the aforesaid amount as claimed by the complainant within 15 days, but the OP failed to comply with his promised and again on 19.12.2014. Hence the complaint.
OP No-1 contested the case by filing written version but other OPs did not turn up to contest the case.
OP No-1 stated that the OP is willing to refund all the outstanding dues payable as per agreed terms and conditions mentioned in the cancellation deed but due to some financial hardship it is not possible to refund the entire amount at one go. The OP will refund the amount by several installments which may be fixed by the Ld. Forum.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision
It may be mentioned that OP No-2 and 3 inspite of summons was on them. Complainant was prayed for refund of Rs 1, 20, 000/- with interest @18% per annum till date from the date of payment. OP No-1 in Paragraph-9 of his written
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version stated that he is willing to refund all the outstanding dues payable as per agreed terms and conditions mentioned in the cancellation deed but due to some financial hardship it is not possible to refund the entire amount at one go. The OP will refund the amount by several installments which may be fixed by the Ld. Forum.
In view of the aforesaid statement of the OP No-1, we do not want go the merits of the case. Complainant is entitled to get relief in this case.
Hence
Ordered,
that the complaint be and the same is allowed on contest against the OP No-1 and dismissed against the OP No-2 and 3 exparte.
O.P No-1 directed to refund Rs 1, 20, 000/- with interest @12% per annum from the date cancellation of agreement for sale i.e. 10.02.2014 till final payment.
The O.P No-1 is further directed to pay compensation of Rs 10, 000/- and litigation cost of Rs. 3,000/- to the complainant within one month from the date of this order.
OP NO-1 is allowed to pay the principle amount in three installments; the first installment will start from the month of August, 2015 in default failing which OP No-1 shall have to pay sum of Rs 100/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the OP No-1 in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
Dictated & Corrected by me.
