Date of filing : 27.3.2017

Judgment : Dt.9.9.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Arup Sarkar 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, (4) Mr. Sagar Ganguly and (5) Mr. Samit Dutta (Name struck out by the order dt.12.4.2019. of Hon’ble State Commission).

            Case of the Complainant, 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. Other OPs 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, Complainant 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 a sum of Rs.1,25,000/- by way of 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 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 2016. But, till date the project has not been completed and the project site is completely vacant. So, finding no progress, the Complainant by a letter dt.01.8.2016 through his Ld. Advocate, addressed to the OP No.1 asked for refund of the money. But, in spite of service of 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.1,25,000/- towards booking amount paid to OP No.1 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 declaration form and one receipt showing payment of Rs.1,25,000/- by way of two cheques, and the copy of the notice sent through Ld. Advocate asking for the refund of booking amount of Rs.1,25,000/- along with interest .

            The case was being contested only by OP Samit Dutta whose name was struck out by Hon’ble State Commission vide its order dt.12.4.2019. Other OPs did not take any step and so the case proceeded ex-parte.

            During the course of evidence, Complainant filed affidavit-in-chief supporting his claim.

            So, the only point requires 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 his claim that he booked a flat under MIG Category in the said project of Shribhumi and has paid Rs.1,25,000/-, Complainant has filed declaration and receipt issued by the OP No.1 dt.20.05.2012. The payment was made by two cheques being No.8992251 & 899252 dt.30.4.2012. So, these documents sufficiently establish that the Complainant had booked the flat. But the OPs have neither delivered him the said flat as agreed nor have refunded the amount of Rs.1,25,000/-. The claim of the Complainant 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.1,25,000/- along with interest in the form of compensation and also the litigation cost.

             Hence

                                      ordered

            CC/187/2017 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 Complainant along with interest on the said sum @ 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.