DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 86 of 2018

 

1. Sri Atanu Datta,

S/O.-Sri Purnendu Datta,

Resident of Flat No.G, Block No.1,

Rose Dale Apartments,

P.O.-Kunjaban, P.S.-New Capital Complex,

Dist.-West Tripura.…..................…...........................Complainant.

 

 

VERSUS

 

 

1. Smt. Nibedita Baidya,

W/O. Sri Samaresh Chandra Baidya,

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

Distrct-West Tripura,

Pin-799007.

 

2. Sri Samaresh Baidya,

S/O.-Unknown,

P.O.-Dhaleswer, 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.

 

 

C O U N S E L

 

 

For the Complainants : Sri A. Bhoumik,

  Sri Anthony Debbarma,

  Sri Ankan Tilak Paul,

  Advocates. 

For the O.Ps. : Sri Debasish Datta,

  Advocate. 

 

JUDGMENT  DELIVERED  ON:      27/08/2019

J U D G M E N T

The Complainant Sri Atanu Datta, 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 in order to purchase a Flat having an area of 924 sqft. at North East middle side, 2nd Floor of G+4 storied building with garage  with an area of 120 sqft. to be constructed at Dhaleswar Road No.7, Agartala by the O.Ps. on consideration of Rs.22 lac made an agreement with the O.P. No.1 on 12/08/2016 on payment of Rs.2,50,000/- lac as booking amount as per the terms and conditions of the agreement. The complainant made the payment of Rs.2,50,000/- lac by a cheque bearing No.631589 of UBI Bank, Kamanchowmuhany Branch, Agartala. and the O.P. No.1 has acknowledged receipt of the same by issuing money receipt. The said agreement for sale has been registered before the Notary Public at Agartala on 12/08/2016.  As per the agreement the total value of the flat was settled at Rs.22 lac and that it was further settled that the construction work will be completed within the stipulated period of 18 months from the date of execution of the agreement. It was further agreed that the O.P. No.1 if failed to handover / deliver that flat to the Complainant within the period of 18 months and that in case of default the Complainant could cancel the agreement and asked for return of the advance money with 9% interest from the date of payment. The Complainant has stated in his complaint that in addition to the booking amount of Rs.2,50,000/- he paid Rs.9 lac in three installments @ Rs.3 lac each. The Complainant has thus paid to the O.Ps. in total Rs.11,50,000/-. The O.P. No.1 has acknowledged the receipt of the said amount by issuing money receipts. The complainant has also alleged in his complaint that after visiting the cite the Complainant found that the O.Ps. did not proceed with minimum construction work. So the Complainant understood that the Complainant was cheated by the O.Ps. The Complainant then demanded to the O.Ps. refund of the entire amount of Rs.11,50,000/- with 9% interest. The O.Ps. thereafter issued 3 cheques bearing Nos.10036737, 10036738 & 10036739 amounting to Rs.5 lac, Rs.3 lac & Rs.3, 50,000/- respectively on Federal Bank Ltd. But the all cheques on presentation before the Bank were bounced. The complainant thereafter issued Legal Notice upon the O.Ps. on 05/05/2018 claiming the total installment money along with 9% interest as per Clause 4 of the agreement dated 12/04/2016. In response to the said letter the O.Ps. vide letter dated 01/08/2018 agreed and admitted to refund the amount and sought for Bank details from the Complainant. But even after sending the bank details the O.P. did not pay any amount to the Complainant. The Complainant accordingly issued second legal notice on 04/08/2018 which was duly served upon the O.Ps. In reply to the legal notice dated 04/08/2018 the O.P. sent a letter to the Complainant raising various alibis in order to avoid payment of any amount to the Complainant.       

Being aggrieved and dissatisfied with the conduct of the O.Ps., the complainant has filed the instant complaint against the O.Ps. claiming Rs.11,50,000/- along with interest  @ 9%  and sought for other orders as deemed fit and proper. 

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 him opportunity to file W.O. So the case proceeded exparte against them vide order of the Forum dated 27/03/2019. When the case was at the argument stage the O.Ps. through their Advocate filed an application before the Forum praying for setting aside the exparte order dated 27/03/2019. That application has been rejected by the Forum holding that the Forum did not have jurisdiction to set aside exparte order. 

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 10 documents comprising 16 sheets. The documents are :- Original agreement dated 12/08/2016, Original copy of the cheque bearing No.036737 dated 18/10/2017, Original copy of the cheque bearing No.036738 dated 20/10/2017, Original copy of the cheque bearing No.036739 dated 24/10/2017, Bank slip dated 19/10/2017, Bank slip dated 08/01/2018, Bank slip dated 18/01/2018, Original money receipt dated 17/11/2016, Original money receipt dated 12/08/2016 & Original money receipt dated 14/04/2016. The documents are marked Exhibit-I series. 

4.  We have heard arguments advanced by Learned Advocate for the complainant and have gone through the citation referred to by the Learned Advocate for the Complainant.    

We have gone through the complaint, the evidence adduced by way of Affidavit of the Complainant, the documentary evidence produced by the Complainant and the citation referred to by the Learned Advocate for the Complainant.  

We are satisfied that the Complainant had entered into an agreement with the O.P. No.1 on 12/08/2016 for purchasing of one Flat on consideration for an amount Rs.22 lac. 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.631589 of UBI Bank, Kaman Chowmuhani Branch, Agartala. The O.P. No.1 has also acknowledged the receipt of the cheque. The Complainant thereafter paid Rs.9 lac by 03 nos. of cheque to the O.Ps.  As per the terms and conditions of the agreement the Complainant is to get possession of the flat within 18 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. So the Complainant understood that he was cheated by the O.Ps. The Complainant then demanded to the O.Ps refund of the amount of Rs.11,50,000/- with 9% interest. The O.Ps. issued 3 cheques bearing Nos.10036737, 10036738 & 10036739 amounting to Rs.5 lac, Rs.3 lac & Rs.3, 50,000/- respectively on Federal Bank Ltd. But the all cheques on presentation before the Bank were bounced. The complainant thereafter issued Legal Notice upon the O.Ps. on 05/05/2018 claiming the total installment money along with 9% interest as per clause 4 of the agreement dated 12/04/2016. In response to the said letter the O.Ps. vide letter dated 01/08/2018 agreed and admitted to refund the amount and sort for Bank details from the Complainant. But even after sending the bank details the O.P. did not pay any amount to the Complainant. The Complainant accordingly issued second legal notice on 04/08/2018 which was duly served upon the O.Ps. In reply to the legal notice dated 04/08/2018, the O.P. sent a letter to the Complainant putting up various alibis in order to avoid refund of the amount to the Complainant.       

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.Ps have  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 his case  U/S 12 of the Consumer Protection Act 1986 against the O.P. No.1 

  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.11,50,000/- being the advance amount that had been paid by the Complainant by way of 4 cheques for purchasing a Flat as per agreement arrived at between the complainant and the O.P. No.1 The amount of Rs.11,50,000/- shall carry interest @ 9% P.A. from the dates of deposit of all the cheques 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 severally & jointly shall have to pay in total Rs.11,75,000/- (Rs.11,50,000/- + 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.11,50,000/- to be accrued from the dates of deposit of all the cheques 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.