West Bengal

Birbhum

CC/92/2022

Mr. Avijit Sengupta - Complainant(s)

Versus

Simoco System and Infrastructure - Opp.Party(s)

Sanjit Kr Acharya

14 Dec 2023

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complainant Under Section 35 of the Consumer Protection Act, 2019.

            The fact of this case in brief is that, the complainant being a resident of Vill.- BK. T.P.P. Township, P.O.- BK. T.P.P, P.S.- Sadaipur,  Dist.- Birbhum, at present due to his employment under the Bakreswar Thermal Power Plant under P.S.- Sadaipur, Dist.- Birbhum within the jurisdiction of this Commission.

            That the complainant intended to purchase a flat at 3^rd Floor, Flat No.- 3G, Block No.- 2B-10, situated at Rajarhat.

            That there was an agreement to sell between the complainant and OP made on 16/09/2016. That in compliance of the agreement complainant deposited the entire installments including earnest money of Rs. 2,10,527/- (Two lakh ten thousand five hundred twenty seven only)to the OP.

            That further the complainant requested the OP to cancel his agreement for purchasing the flat, due to unavoidable circumstances as he apprehended that he would not be in West Bengal in future due to change of job and the matter was informed to the OP through e-mail.

            That the OP replied through e-mail on 13/03/2021 and informed that there concerned authority approved to  refund of Rs. 15,39,000/- (Fifteen lakh thirty nine thousand only) against his earnest money and they also informed that the refund proceedings would be commenced soon.

(Page 1 of 4)

           

 

 

 

That the Op refunded Rs. 3,00,000/- (Three lakh only) out of Rs. 15,39,000/-(Fifteen lakh thirty nine thousand only) which they approved to refund the complainant due to the cancellation of agreement between both of the complainant and the OP/ Simoco System and Infrastructure. But, the OP did not refund the residual amount. That the aforesaid act of the OP is amounting to deficiency in service.

            That the complainant approached before the OP to refund the residual amount several times, but they did not pay any heed to the request of the complainant. Finding no other alternative complainant lodged a complaint before the Asst. Director, Consumer Affairs and Fair Business Practices, Salt Lake, Kolkata, W.B. stating the matter.

            That after receiving the notice of the Asst. Director, Consumer Affairs and Fair Business Practices, the OP appears before that authority and gave a declaration in writing for the payment of residual amount within 30/06/2022 to the complainant. But, the OP failed to refund the residual amount of Rs. 12,39,000/- (Twelve lakh thirty nine thousand only) within the due date.

            That the complainant finding no other alternative files the instance case praying following relief/reliefs:

1. To pass an order directing the Op to pay Rs. 12,39,000/- (Twelve lakh thirty nine thousand only) to the complainant and pay interest @ 18% p.a. since.
2. To pass an order directing the OP to pay compensation of Rs. 50,000/- (Fifty thousand only) for mental agony and harassment.
3. To pass an order directing the OP to pay Rs. 20,000/- (Twenty thousand only) as litigation cost.
4. Other relief/reliefs.

That the cause of action of this case arose on and form 30/06/2022.

            In view of the above stated facts and circumstances following issues are framed.

Issues

1. Has the complainant any cause of action to file this case?
2. Is the complainant a consumer within the ambit of C.P Act 2019?
3. Is there any deficiency of service on the part of the OP?
4. Is the complainant entitled to get the relief as prayed for?
5. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

(Page 2 of 4)

 

 

 

It is the claim of the complainant that he is the resident of Vill.- BK. T.P.P Township, P.O.- BK. T.P.P, P.S.- Sadaipur, Dist.- Birbhum, under the jurisdiction of this Commission.

It is stated by the complainant that he had an agreement with the OP/ Simoco System and Infrastructure, Godrej Genesis Building for purchasing a Flat at 3^rd Floor, Flat No. 3G, Block No. 2B 10 situated at Rajarhat, W.B. on 16/09/2016.

In compliance of the said agreement, the complainant deposited the entire installment including earnest money of Rs. 2,10,527/- (Two lakh ten thousand five hundred twenty seven only) to the OP.

Later the complainant requested the OP to cancel the said agreement as he had no need for the said flat, then.

The OP replied through e-mail on 13/03/2021 that their concerned authority approved refund of Rs. 15,39,000/- (Fifteen lakh thirty nine thousand only)  to the complainant regarding that cancellation of agreement. But, the paid only Rs. 3,00,000/- (Three lakh only) out of that amount Rs. 15,39,000/-(Fifteen lakh thirty nine thousand only)  to the complainant. So the aforesaid act of the OP is amounting to deficiency in service.

The complainant gives evidence in support of his case as P.W.-1.

The case has already been run exparte against the OP by vide order No. 10 dated 19/05/2023.

From the unchallenged evidence of P.W.-1, it is proved that the complainant had an agreement with the OP for purchasing a flat. The complainant also followed the agreement by paying entire installments including the earnest money. Later the complainant canceled that agreement but the OP did not return the amount, approved by their authority regarding that cancellation of agreement. The complainant requested several times to the OP to get back the approved amount but, the OP did not pay any heed which caused harassment and mental agony to the complainant.

This Commission is not finding any reason to disbelieve the unchallenged testimony of the complaint.

            Hence, this Commission is of view that the complainant could be able to prove his case beyond reasonable doubt in exparte and is entitled to get the relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

   that the instant C.C. Case No. 92/2022 be and same is allowed exparte

against the OP.

(Page 3 of 4)

 

           

 

 

The OP member is directed to pay a sum of Rs. 12,39,000/- (Twelve lakh thirty nine thousand only), the rest of the approved amount, with interest @ 9% p.a. calculating from 12/09/2022 to till realization.

The OP member is directed to pay a sum of Rs. 50,000/- (Fifty thousand only) as the compensation against harassment and mental agony to the complainant.

The OP member is also directed to pay a sum of Rs. 10,000/- (Ten thousand only) towards litigation cost to the complainant.

The entire decree will be complied by the OP member within 45 (Forty five) days form this date of order.

In default the complainant will also be at liberty to execute the decree as per law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.