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 Mausumi Mitra and Kamal Jyoti Mitra 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.1,25,000/- by two cheques, in favour of the Shribhumi Realty Pvt. Ltd. On payment of Rs.1,25,000/-, towards confirmation, declaration form and a money receipt dt. 9.12.2012 was issued by the OP No.1. It was assured that the said flat would be completed and handed over in the beginning of the year 2014 and further assured that after obtaining sanction plan, Complainants would be called upon for execution of the agreement for sale between the Company and the Complainants. But, till date the project has not been completed and the project site is completely vacant. OP in order to return the amount paid by the Complainants, issued two cheques for a sum of Rs.1,32,000/- on 04.01.2014 but was requested not to drop the cheque as the fund was insufficient. So, ultimately Complainants by a letter dt.23.11.2016 through their Ld. Advocate, addressed to the OP No.1 asked for refund of the money. But, in spite of giving notice, OPs did not refund the amount to the Complainants. 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.1,25,000/- 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.

            Complainants have filed receipt showing payment of Rs.1,25,000/-, and the copy of the notice sent through Ld. Advocate asking for the refund of amount of Rs.1,25,000/- along with interest as well as the copy of two cheques issued by the OP.

            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

Admittedly, no agreement was executed by and between the parties. In order to substantiate their claim that they booked a flat under MIG Category in the said project of Shribhumi  and paid Rs.1,25,000/-, Complainants have filed receipt issued by the OP No.1 dt.9.12.2012. The payment was made by way of two cheques dated 10.12.2012. So, these documents sufficiently establish that the Complainants had booked the flat. But the OPs have neither delivered them the said flat nor have refunded the amount of Rs.1,25,000/-. 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 Complainants.

            So, as the Complainants have 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.1,25,000/- along with interest in the form of compensation and also the litigation cost.

            These points are answered accordingly.

            Hence

                                ordered

            CC/183/2017 is allowed ex-parte against OP No.1 to 4. OP No.1 to 4 are jointly and severely directed to refund Rs.1,25,000/- 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.