Ld. Advocate(s)
For Complainant: Prodip Banerjee
For OP/OPs : None
Date of filing of the case :08.02.2023
Date of Disposal of the case :28.02.2024
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CC/13/2023
Final Order / Judgment dtd.28.02.2024
The concise fact of the case of the complainant is that the complainant Mrs. Ilora Chowdhury (Dutta) paid Rs.23,46,933/- to the opposite parties for purchasing a flat for Rs.25,00,000/-. The description of the flat is that it is situated in the 2nd floor measuring 952 Sq.ft approximate building area at flat no. 2B in block no. 2 along with underneath proportionate share of the ground floor of Sky-wood Pvt. Limited. Situated at Mouza Kharberia at Purba Bishnupur Gram Panchayet J.L NO. 29 as described in the schedule of the complaint. The price of the flat was fixed for Rs.25,00,000/-. The complainant visited several times to the O.P. No.1 Sky-wood Developer Private Limited, New Alipur , Kolkata and Koushik Das, OP NO.2 of M.D Road, Amtala Housing Complex M.D road, Post Office, Kanyanagar, Bishnupur Amtala and demanded to hand over the same flat as per the agreement date 28.12.2018 but they did not hand over it. So, the complainant filed several letters to the OPs through her Advocate Prodip Banerjee on 23.12.2022. The opposite parties through their e-mail dated 23.02.2022 demanded illegally Rs. 8,50,000/-. The complainant requested to the OPs to take the said balance amount of Rs.1,53,067/- and hand over the flat but the OPs refused it. Due to non-delivery of the said flat the complainant suffered damage and mental pain and agony. The complainant suffered huge monetary loss for visiting the site several times from Nabadwip to the schedule plot. The complainant has sufficient document to substantiate the complaint. The cause of action present case arose on and from 28.12.2018 till the filing of this case. The complainant therefore, prayed for handing over the flat at schedule premises within one month failing which to return the entire money of Rs.23,46,933/- together with interest @18% p.a . After taking the rest amount of Rs.1,53,967/- and compensation for Rs.20,00,000/- towards mental pain and suffering and harassment . The OP No.1Sky-wood Developer Private Limited and OP No.2 Koushik Das preferred not to contest the case, despite service of notice. So, as per order no.10 dated 03.10.2023 the case is decided to be heard ex-parte.
The complainant in order to substantiate the case proved the following documents.
Annexure-A is the United Housing Loan Scheme sanction letter dated 31.01.2019.
Annexure-B is the Advocate letter dated 23.12.2022.
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CC/13/2023
Annexure-C is the Message forwarded by the OPs Sky-wood Developer on 23.02.2022.
Annexure-D is the Demand letter in GST to the complainant by the OP No.1.
Annexure-E is the agreement for sale between the complainant and the OPs.
Annexure-F is the money receipt showing payment of cheque for Rs.1,00,000/-.
After perusing all the documents in the case record and the specific evidence adduced by the complainant through their affidavit in chief , it is found that there was an agreement between the parties for purchasing and selling of the schedule flat . The complainant through her evidence claimed that she paid the money to the tune of Rs.23,46,933/- to the opposite parties. The specific evidence of the complainant stands undiscarded and unrebutted.
The complainant further claimed that despite payment of money the OPs did not hand over the flat described in the schedule of the complaint.
So, after perusing the entire unchallenged and unrebutted pleadings and evidence proved through document, it stands well established that the complainant successfully proved the case against the OPs upto the hilt. The OPs could not make out any defence case to rebut the specific evidence of the complainant in as much as the case is heard ex-parte against the OPs.
Thus having considered the uncontroverted and unchallenged oral and documentary evidence of the complainant the Commission comes to the finding that the case against the opposite parties stands proved upto the hilt.
In the result, the complaint case succeeds ex-parte against the opposite parties with cost.
Hence,
“It is
Ordered
that the complaint case no.CC/13/2023 be and the same is allowed ex-parte against the OPs with cost of Rs.10,000/- (Rupees ten thousand). The complainant Mrs. Iora Chowdhury (Dutta) do get an award against OP No.1 Sky-
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CC/13/2023
wood Developer Private Limited and OP No.2 Shri Koushik Das with a direction to hand over the flat as described in the schedule within 30 days from the date of passing the final order , pay Rs.2,00,000/- (Rupees two lakh) towards harassment, suffering and mental pain and Rs.10,000/- (Rupees ten thousand) towards litigation cost failing which the OP No.1&2 shall refund a sum of Rs.23,46,933/-(Rupees twenty three lakh forty six thousand nine hundred thirty three) along with 18% interest plus the sum of Rs.2,10,000/-(Rupees two lakh ten thousand) to the complainant within 30 days from the date of the final order failing which the entire award money shall carry an interest of 8% p.a from the date of its passing the final order till the date of its realisation. OP No.1&2 are jointly and severally liable for implementation of the award.
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.”
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
