DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 17 of 2019

 

Smt. Mousumi Deb,

W/O.-Shri Indra Kumar Deb,

Resident at Gitanjali Apartment, Flat No.-C-4,

P.O.-Agartala, P.S.-West Agartala,

Dist.-West Tripura, Pin-799001.…..…..................................Complainant.

 

 

VERSUS

 

1). Smt. Nibedita Baidya,

W/O.-Shri Samaresh Baidya,

Resident of Dhaleswar Road No.8, Agartala,

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

Dist.-West Tripura, Pin-799007.

 

2). Shri Pankaj  Debnath,

S/O.-Late Priya Lal Debnath,

Jaynagar, Vivekananda Lane,

Opposite to JPC Club,

P.O.-Agartala, P.S.-West Agartala,

Agartala, West Tripura, Pin-799001…...........................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. B. PAL,

 MEMBER, 

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

 

C O U N S E L

 

For the Complainant : Sri Bimal Kanti Nath,

  Advocate.

For the O.P. No.1 :None appears. 

 

For the O.P. No.2 : Sri Tapan Saha,

  Sri Satyabrata Pal,

Advocates. 

 

JUDGMENT  DELIVERED  ON:  29/08/2019

 

J U D G M E N T

The complainant Smt. Mousumi Deb, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act 1986 complaining deficiency of service by the O.P. No.1 who is the Builder-cum-Promoter. The O.P. No.2 is the Land Owner against whom the Complainant does not have any grievance.  

  The complainant's case in brief is that the O.P. No.1 being the Builder-cum-Promoter had offered to the Complainant for sale of one flat having area of 809 sq. ft. on the 3rd floor in addition to one car parking area measuring 120 sq. feet at Suryamaninagar, Mouja -Madhupur on consideration amount of Rs.22,50,000/-. Having  allured by the offer the Complainant entered into a Notarial Agreement for sale vide No.74/January/17 dated 06/01/2017 with the O.P. No.1 Builder-cum-Promoter with terms and conditions stipulated in the said Agreement.   As per the agreement the proposed building was to be completed and thereafter to be handed over to the Complainant within 22 months from the date of execution of the Agreement. The Complainant on the day of agreement i.e. on 06/01/2017 paid Rs.2,50,000/- as booking amount by cheque bearing No.785661 dated 06/01/2017 drawn on SBI, Agartala Branch. The O.P. Builder issued money receipt against the said payment. The Complainant has stated in her complaint that as per the terms and conditions of the agreement the balance amount of Rs.20 lac is to be adjusted by purchasing the piece of land appertaing to Khatain No.3890, R.S. (Hal) Plot No.-2366/7977, lying and situated under Mouja-Madhupur, Tehshil-Suryamaninagar, by the O.P. No.-1 from the Complainant, who is the owner of the said land. The Complainant in the month of September,2018 visited the proposed construction site and found that the O.P. Developer-cum-Builder has not completed piling work and the work has been left abundant. The Complainant on several times thereafter tried to contact the O.P. Builder but has failed to get him. He however on 03/10/2018 got in touch with the said O.P.  and  enquired from him the actual reasons for stopping of the construction work. The O.P. No.1 denied to divulge anything but he informed the Complainant that he would not proceed further with the construction of the proposed building and that he was ready to refund the advance booking amount to the Complainant with 9% interest. The Complainant asserted in her complaint that even after several persuasions with the O.P. No.1 she could not get any amount from the O.P. No.1. On 16/11/2018 she served a legal notice upon the O.P. No.1 through her Advocate demanding for refund of the advance amount with 9% interest within 15 days from receipt of the notice. In response to the said notice the O.P. No.1 on 08/12/2018 issued a letter to her intimating her that he would make refund of the advance amount of Rs.2,50,000/- with 9% interest in installments. The Complainant agreeing with the proposal sent a letter to the O.P. No.1 and informed him that she was ready to accept the amount of Rs.2,50,000/- with 9% interest by way of two installments and that the whole exercise should be completed withing 45 days. The O.P. No.1 however did not act upon the letter of the Complainant. The complainant has further stated in her complaint that she came to learn that the Land Owner i.e. the O.P. No.2 has already revoked the Registered Power of Attorney Deed and also rescinded the Development Agreement as the O.P. Developer-cum-Builder(O. P. No.1) has not done anything except some piling work at the site and also violated other terms and conditions of the Development Agreement. 

Being dissatisfied and aggrieved by the conduct of the O.P. No.1, the Complainant has filed the present complaint claiming compensation including the amount paid in advance to the O.P. and the cost of litigation, in total  Rs.3,20,000/-  against the O.P. No.1. 

Hence this case. 

2. Based on the complaint notices were duly sent to the O.Ps. from the Forum. The notices were duly served upon the O.Ps.  But the O.Ps. did not file their W.O. though several dates had been posted giving them opportunity to file W.O. So the case proceeded exparte against them vide orders of the Forum dated 27/05/2019 & 21/06/2019. When the case was at the argument stage the O.P. No.2 through his Advocate filed W.O. before the Forum. But W.O. has not been accepted as the case had already proceeded exparte against the said O.P.

3. EVIDENCE ADDUCED BY THE COMPLAINANT:

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

  The Complainant has produced 05 documents comprising 14 sheets. The documents are :- Original sale agreement dated 06/01/2017, Original money receipt issued by the O.P. No.1 to the Complainant, Copy of Advocate's notice dated 16/11/2018 issued to the O.P. No.1 on behalf of the Complainant, Original letter dated 08/12/2018 issued by the O.P. No.1 to the Complainant & Copy of Advocate's notice dated 14/12/2018 issued to the O.P. No.1 by the Complainant.  The documents are marked Exhibit-I series.  

4. We have heard arguments advanced by Learned Advocate for the complainant.

  We have also gone through the complaint, the evidence adduced by way of Affidavit of the Complainant and the documentary evidence produced by the Complainant.  

We are satisfied that the Complainant had entered into an agreement with the O.P. No.1 on 06/01/2017 for purchasing of one Flat on consideration for an amount Rs.22,50,000/- The Complainant on the same day paid Rs.2,50,000/-  to the O.P. No.1 as booking money by a cheque bearing No.785661 dated 06/01/2017 drawn on SBI, Agartala Branch. The O.P. No.1 issued money receipt against the said payment. The O.P. No.1 has also acknowledged the receipt of the cheque.  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 few months visited the proposed construction site and found that the O.P. Developer-cum-Builder has not completed piling work and the work has been left abundant. The Complainant on several times thereafter tried to contact the O.P. Builder but has failed to get him. She however on 03/10/2018 got in touch with the said O.P.  and  enquired from him the actual reasons for stopping of the construction work.    The O.P. No.1 did not state anything about the matter. The Complainant then demanded to the O.Ps refund of the advance amount of Rs.2,50,000/- with 9% interest. We find that as per request of the O.P. No.1, the complainant on humanitarian ground allowed the O.P. No.1 to refund the advance amount of Rs.2,50,000/- with 9% interest withing 45 days by two installments on receipt of her letter dated 14/12/2018. But the O.P. No.1 did not pay any amount to the Complainant. The complainant thereafter filed the Consumer complaint before the Forum.

It is evident that the documents furnished by the Complainant under Exhibit-I Series support the case of the complainant. We find that the O.Ps. in spite of receiving notices 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.P. No.1 has  breached the agreement. 

The O.P. No.1 according to us has 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. No.1.

5. In view of the discussion made above we find and hold that the complainant has succeeded in establishing her case  U/S 12 of the Consumer Protection Act 1986 against the O.P. No.1. 

  We accordingly find the O.P. No.1 guilty of committing unfair trade practice against the complainant. 

  It is here by directed that the O.P. Nos.1  shall return Rs.2,50,000/- being the advance amount that had been paid by the Complainant by way of cheque for purchasing a Flat as per the Agreement arrived at between the complainant and the O.P. No.1 The amount of Rs.2,50,000/- shall carry interest @ 9% P.A. from the date of deposit of  the cheque made by the Complainant,  till the payment is made in full. 

The O.P. No.1  shall also pay Rs.10,000/- to the Complainant for causing mental agony and harassment together with Rs.5,000/- being the cost of litigation. Thus, the O.P. No.1  shall have to pay in total Rs.2,65,000/- (Rs.2,50,000/- + Rs.10,000/-+  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.P. No.1 shall have to pay additional 9% interest on Rs.2,50,000/- to be accrued from the date of deposit of  the cheque till the payment is made.  

    

  ANNOUNCED

 

 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. B. PAL,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA