Date of filing : 27.3.2017

Judgment : Dt.08.07.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Complainant Ibandalin Lyngdoh and Rameez Ahmed alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Shribhumi Realty Pvt. Ltd., (2) Gopal Malakar, (3) Mr. Biswabrata Maity and (4) Mr. Sagar Ganguly.

            Case of the Complainants, in short, is that the OP No.1 is a real estate company which performs buying, selling and renting and operating of self-owned or leased real estate. OP No.2 to 4 are the Directors of the OP No.1 and have utilized the funds of company at different point of time, to their benefits. On seeing the wide publication through internet advertisement, Complainants got in touch with a representative of the OP No.1 for purchasing one flat under MIG Category in the project (Shribhumi) and booked the same on payment of sum of Rs.2,20,000/- by two cheques, in favour of the Shribhumi Realty Pvt. Ltd. On payment of Rs.2,20,000/-, towards confirmation, declaration form and a money receipt dt. 3.10.2013 was issued by the OP No.1. Complainants made further payment of Rs.2,80,000/- by three cheques dt.7.7.2014 and 9.10.2014 respectively. Two money receipts dt.7.7.20124 were issued by the OP No.1. An indenture for sale was executed by and between the parties on 7.7.2014. It was agreed that the said flat would be completed and handed over within July, 2016. But, till date the project has not been completed and the project site is completely vacant. So, ultimately Complainants by a letter dt.26.09.2016 through his Ld. Advocate, addressed to the OP No.1 asked for refund of the money. But, in spite of serving notice, OPs did not refund the amount to the Complainant. OPs have resorted to unfair trade practice. So, the present complaint has been filed praying to direct the OPs to jointly and severely return Rs.5,00,000/- along with interest @ 10%, to pay compensation of Rs.1,00,000/- for causing mental harassment and agony and Rs.20,000/- towards litigation cost and other incidental charges.

            Complainant has filed receipts showing payment of Rs.5,00,000/- in total, and the copy of the notice sent through Ld. Advocate asking for the refund of amount of Rs.5,00,000/- along with interest.

            On perusal of the record, it appears that OPs did not take any step and so the case proceeded ex-parte against them.

            So, the only point require determination is whether the Complainant is entitled to the relief as prayed for?

            Decision with reasons

Apparently, an agreement was executed by and between the parties on 07.07.2014 whereby OP No.1 agreed to complete the project and handover the flat within July,2016. In order to substantiate her claim that she has paid Rs.5,00,000/-  in total Complainant has filed receipts issued by the OP No.1 on 3.10.2013 and 7.7.2014 respectively. The payment was made by way of two cheques dated 3.10.2013 and three cheques dt.7.7.2014 and 9.10.2014 respectively. So, these documents sufficiently establish that the OPs agreed to sell a flat in Project Sribhumi and agreed to handover it by July, 2016 to the Complainants. But the OPs have neither delivered them the said flat nor have refunded the amount of Rs.5,00,000/-. The claim of the Complainants is also established as there is absolutely no contrary material before this Forum to counter or rebut the claim of the Complainant.

            So, as the Complainant has neither been handed over the flat nor has been refunded the amount, in view of the discussions as highlighted above, OP No.1 to 4 are jointly and severely liable to pay the said booking amount of Rs.5,00,000/- along with interest in the form of compensation and also the litigation cost.

            These points are answered accordingly.

            Hence

                                    ordered

            CC/181/2017 is allowed ex-parte against OP No.1 to 4. OP No.1 to 4 are jointly and severely directed to refund Rs.5,00,000/- to the Complainants and also to pay compensation in the form of interest @ 10% p.a. from the date of payment till this date, within two months from the date of this order. The OPs are further directed to pay litigation cost of Rs.12,000/- within the aforesaid period of two months, in default the entire sum shall carry interest @ 10%  till its realization.