DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 61 of 2019

 

1. Sri Krishendu Deb,

C/O.-Bithika Datta Purkaystha,

Of Kacharghat, Kailashahar,

Dist.-Unakoti Tripura.

 

(Presently residing at)

C/O. Sri Prabal Sarkar,

Of Indranagar, 

P.S.-East Agartala,

Agartala, West Tripura…..................…....................Complainant.

 

 

VERSUS

 

 

1. Smt. Nibedita Baidya,

W/O. Sri Samaresh Baidya,

Of Dhaleshwer Road No.6,

P.S.-East Agartala,P.O.-Dhaleshwar,

Distrct-West Tripura,

Pin-799007.

 

2. Shri Himangshu Debnath,

S/O.-Lt. Bhagirath Debnath,

Of Dhaleshwar Road No.8, 

P.O.-Dhaleshwer, P.S.-East Agartala,

Dist.-West Tripura, 

Pin-799007........................................................Opposite parties.

 

 

 

      __________PRESENT__________

 

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

C O U N S E L

 

 

For the Complainant : Sri Mridual Kanti Arya,

  Sri Saptarshi Roy,

  Advocates. 

For the O.Ps. : None appears. 

 

JUDGMENT  DELIVERED  ON: 17/02/2020.

J U D G M E N T

The Complainant Sri Krishendu Deb, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service and unfair trade practice committed by the O.Ps.  

The complainant's case, in brief, is that the Complainant being allured by an advertisement published in a newspaper contacted with the O.P. No.1 to purchase a Flat from him in the month of January, 2017. After detailed discussion with the O.P. No.1, the Complainant executed an agreement with the O.P. No.1 on 26/02/2017 for purchasing a flat measuring 765 sqft. Carpet area in 2nd Floor(Northeast side) of G+3 storied building located at Dhaleswar Road No.8, Agartala, West Tripura with parking space on consideration of Rs.21,62,500/-. The O.P. in the agreement had promised that the construction of the flat will be completed within 22 months form the date of agreement and that in case the O.P. No.1 has failed to deliver the possession of the flat within that period then the O.P. shall return the advance amount with 9% interest per month to the Complainant. As per the terms and conditions of the agreement the Complainant paid an amount of Rs.4,32,500/- to the O.P. No.1 as booking amount through one cheque dated 26/02/2017 bearing No.715753 of UBI Bank. The said agreement for sale has been registered before the Notary Public at Agartala on 26/02/2017.   The complainant has alleged in his complaint that after visiting the cite he found that the O.Ps. did not proceed with minimum construction work. The O.P. No.1 on 25/04/2018 issued two letters to the complainant requesting him to pay Rs.51,900/- being the GST amount upon the booking amount of Rs.4,32,500/- in order to enable him to start with the construction work. After receiving the letters Complainant went to the Office of the O.P. No.1 at Dhaleswar Road No.8 but the complainant did not find the O.P. No.1. Subsequently, the O.P. No.1 informed the Complainant that the GST amount of Rs.51,900/- was to be paid in cash to him. The Complainant then told the O.P. No.1 that he was ready to pay the amount in cash subject to issuance of receipt by the O.P. No.1 in his favour. The O.P. No.1 rejected the proposal of the Complainant and appraised the Complainant that unless the GST amount is paid to him in cash it would not be possible on his part to construct the Flat. Thereafter, the Complainant tried to contact with the O.P. No.1 several times but he failed to get him. Having found no other alternative the Complainant on 02/08/2018 sent a letter to the O.P. No.1 demanding refund of the booking amount of Rs.4,32,500/- with 9%  interest P.A. from the date of deposit of the amount and also for cancellation of the agreement. As the O.P. No.1 did not respond to the letter and after waiting for three months, the Complainant went to the Office of the O.P. No.1. He was then appraised by the staff of the O.P. of re-submitting a fresh letter seeking for cancellation of the agreement and also furnishing Bank Account details with IFSC Code of the Complainant. The complainant accordingly on 16/11/2018 issued fresh letter to the O.P. No.1 wherein he mentioned his Bank Account details, IFSC Code  etc. and sought for cancellation of the agreement. But the O.P. No.1 did not take any action on the said letter.

Being aggrieved and dissatisfied with the conduct of the O.Ps., the complainant has filed the instant complaint against the O.Ps. claiming Rs.6,65,350/- which includes the booking amount with  interest  @ 9%  P.A., Rs.5,000/- on account of negligence, Rs.15,000/- for causing harassment and mental agony, Rs.15,000/- as cost of litigation, Rs.5,000/- towards travel fare & Rs.70,000/- being the expenses incurred by him as rent for the house where he was staying.     

Hence this case. 

 

 

2. Based on the complaint, notices were duly sent to the O.Ps. from the Forum. The notices were returned without service as the O.Ps. were not found available as per the address given in the notices. Thereafter, as per prayer of the Complainant notices in the name of the O.Ps. were published in local daily newspaper having wide circulation at the expenses of the Complainant. In spite of publication of the notice in the newspaper the O.Ps. have not turned up before the Forum to contest the case. So the case proceeded exparte against them vide order of the Forum dated 25/11/2019.

 

 

3. EVIDENCE ADDUCED BY THE COMPLAINANT:

  In due course of time the complainant has been examined exparte with reference to his examination-in-chief by way of Affidavit furnished before the Forum.  

  The Complainant has produced 08 documents comprising 18 sheets. The documents are :- Original copy of the agreement dated 26/02/2017 between the Complainant and the O.P. Nos.-1&2, Photo Copy of joint pass book of UBI, Kailashahar Branch in the names of Smt. Bithika Datta Purkayastha and Sri Kripesh Deb, the parents of the Complainant, Photo copy of letter dated 25/04/2018 given by the O.P. No.1 to the Complainant, Photo copy of letter dated 25/04/2018 about GST sent by the O.P. No.1 to the Complainant, Photo copy of  letter dated 02/08/2018 given by the Complainant to the O.P. No.1 about cancellation of booking amount of the flat and refund of the said amount, Photo copy of letter dated 16/11/2018 given by the complainant to the O.P. No.1 about cancellation of booking amount and refund of the said amount, Photo copy of letter dated 03/06/2019 given by the complainant to the O.P. No.1 about cancellation of booking amount and refund of the said amount, Photo copy of rent agreement between the complainant and his landlord. The documents are marked as Exhibit-I series. 

 

 

4.  We have heard arguments advanced by Learned Advocate for the complainant and have gone through the exhibited documents of the Complainant.    

We have gone through the complaint, the evidence adduced by way of Affidavit of the Complainant.

We are satisfied that the Complainant had entered into an agreement with the O.P. No.1 on 26/02/2017 for purchasing of one Flat on consideration for an amount Rs.21,62,500/- The Complainant on the same day paid Rs.4,32,500/-  to the O.P. No.1 as booking money by a cheque bearing No.715753 of UBI Bank. Kailashahar Branch. The O.P. No.1 has also acknowledged the receipt of the cheque which has been reflected in the Deed of Agreement dated 26/02/2017. As per the terms and conditions of the agreement the Complainant is to get possession of the flat within 22 months from the date of execution of the agreement. 

The complainant after visiting the cite found that the O.Ps. did not proceed with minimum construction work. The O.P. No.1 on 25/04/2018, however issued two letters to the complainant requesting him to pay Rs.51,900/- being the GST amount upon the booking amount of Rs.4,32,500/- in order to enable him to start with the construction work. After receiving the letters Complainant went to the Office of the O.P. No.1 at Dhaleswar Road No.8 but the complainant did not find the O.P. No.1. Subsequently, the O.P. No.1 informed the Complainant that the GST amount of Rs.51,900/- was to be paid in cash to him. The Complainant then told the O.P. No.1 that he was ready to pay the amount in cash subject to issuance of receipt by the O.P. No.1 in his favour. The O.P. No.1 rejected the proposal of the Complainant and appraised the Complainant that unless the GST amount is paid to him in cash it would not be possible on his part to construct the Flat. Thereafter, the Complainant tried to contact with the O.P. No.1 several times but he failed to get him. Having found no other alternative the Complainant on 02/08/2018 sent a letter to the O.P. No.1 as per the terms and conditions of the agreement demanding refund of the booking amount of Rs.4,32,500/- with 9%  interest P.A. from the date of deposit of the amount and also for cancellation of the agreement. As the O.P. No.1 did not respond to the letter and after waiting for three months, the Complainant went to the Office of the O.P. No.1. He was then appraised by the staff of the O.P. of re-submitting a fresh letter seeking for cancellation of the agreement and also furnishing Bank Account details with IFSC Code of the Complainant. The complainant accordingly on 16/11/2018 issued fresh letter to the O.P. No.1 wherein he mentioned his Bank Account details, IFSC Code  etc. and sought for cancellation of the agreement. But the O.P. No.1 did not take any action on the said letter till filing of the complaint before this Forum.

The documents furnished by the Complainant under Exhibit-I Series support the case of the complainant. We find that the O.P. No.1 in spite of the notices in connection with this case from the Forum have failed to contest the case. So the case proceeded exparte against the O.Ps. We find that there is sufficient material on record to prove that the O.Ps have  breached the agreement. 

The O.P. Nos.1&2 according to us have thus indulged in unfair trade practice. The Complainant has suffered mental agony and harassment on account of the unfair trade practice adopted by the O.P. Nos.1&2. 

 

 

5. In view of the discussion made above we find and hold that the complainant has succeeded in establishing his case  U/S 12 of the Consumer Protection Act 1986 against the O.Ps.

  We accordingly find the O.P. Nos.1 & 2 guilty of committing unfair trade practice against the complainant. 

  It is here by directed that the O.P. Nos.1 & 2 shall return Rs.4,32,500/- to the Complainant being the advance amount that had been paid by the Complainant by way of cheque for purchasing a Flat as per agreement arrived at between the complainant and the O.P. Nos.1&2. The amount of Rs.4,32,500/- shall carry interest @ 9% P.A. from the dates of deposit of the cheque made by the Complainant,  till the payment is made in full. 

The O.P. Nos.1 & 2 shall also pay Rs.20,000/- to the Complainant for causing mental agony and harassment together with Rs.5,000/- being the cost of litigation. Thus, the O.P. Nos.1 & 2 jointly & severally shall have to pay in total Rs.4,57,500/- (Rs.4,32,500/- + Rs.20,000/-+  Rs.5,000/-) to the Complainant within a period of 2 months from the date of judgment failing which the amount shall carry interest @ 9% P.A. till the payment is made in full. It is made clear that apart from the above amount of compensation, the O.Ps. shall have to pay additional 9% interest on Rs.4,32,500/- to be accrued from the dates of deposit of the cheque till the payment is made.  

 

   Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

SMT. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA