THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

CASE No. CC- 19 of 2021

 

1. Sri Somya Bhattacharjee

S/o- Late Sushanta Bhattacharjee

 

2. Smt. Sarmaistha Dasgupta,

W/o- Sri Somya Bhattacharjee,

D.O- Sri Haru Dasgupta.

 

Both are residents of :-

Ramnagar Road No.7,

P.O. Ramnagar, P.S. West Agartala,

West Tripura, Pin- 799002. .......….................Complainant.

 

-VERSUS-

 

1. Smt. Nibedita Baidya,

W/O- Sri Samaresh Baidya,

MAYA CONSTRUCTION,

Dhaleswar Road No.8, P.O. Dhaleswar 

P.S. East Agartala, Dist.- West Tripura,

Pin- 799007.

 

Notice to be sent:-

Smt. Nibedita Baidya,

W/O- Sri Samaresh Baidya,

C/O-Sri Subrata Bhattacharjee,

Krishnanagar, Near Magnet Club,

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

West Tripura, 799002. …...................Opposite Parties.

 

 

         __________PRESENT__________

 

 SRI RUHIDAS PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

Dr (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Sri Bimal Choudhury,

  Learned Advocate.   

For the O.P.  : Ex-parte.

 

JUDGMENT  DELIVERED  ON :  27.05.2022

 

J U D G M E N T

The Complainants' case in short is that both the complainants are Assistant Professor in the Tripura Paramedical College, Hapania, Agartala. The petitioners were searching for residential flat to urgently purchase in a suitable place/locality. The petitioners came into contact with the opposite party No.1. who offered a flat in the proposed construction of building at Ramnagar Road No.3, Agartala at Mouja-town sheet No.3 wherein the 3rd floor measuring 705 Sq ft. carpet are in G+.3 storied building along with garage area measuring 120 sq. ft was booked by the petitioners. Two Deeds were executed on 11.11.2016 and duly registered before the Sub Registry Office, Sadar. The O.P. has entered into an Agreement for Sale(Bainapatra) on 15.02.2017 with the petitioners at a valuable consideration of Rs.23,75,000/- to deliver by or within the period of 22(twenty two) months out of which, an advance (Bainapatra) (booking value) was fixed and to be paid by petitioners Rs.3,00,000/-. In accordance with the said agreement of sale dated 15.02.2017 the petitioner booked residential flat in the 3rd floor and the garage space as agreed upon in the proposed building on payment of the sum of money Rs.3,00,000/- by way of cheque which is duly accepted by the O.P. On 12.05.2017 complainants again paid Rs.60,000/- (Rs. 25,000/- in cash and Rs.35,000/- by cheque) to the O.P. Again the Complainants paid sum of Rs.40,000/- in cash to the O.P. Thereafter, Complainants communicated with the O.P. through letter dated 30.07.2018. On 07.10.2010 complainants sent notice upon the O.P. requesting refund the entire advance money paid to the O.P. Rs.4,00,000/- along with 9% interest from the date of payment within 15 days. O.P. asked the complainant for sending bank details so as to refund the advance money.  Accordingly the complainants sent bank details to the O.P. But inspite of sending bank details the O.P. did not refund the advance money of the complainants. The complainant stated that the O.P is guilty of  deficiency in rendering service to the complainant. Hence they filed this complaint for getting relief. 

 

2. After getting notice from this commission the O.P. did not file written statement. Hence the case proceeded exparte against the O.P. vide order dated 02.08.2021. 

 

3. EVIDENCE ADDUCED BY THE COMPLAINANT:-

The complainant submitted his examination in chief on affidavit as P.W. Also submitted 09 documents vide firsiti dated 16.03.2021 which are marked as Exhibit -1 Series.  

 

4. POINTS TO BE DETERMINED: - 

(i) Whether there is deficiency of service on the part of the O.P?

  (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?

 

5. DECISION AND REASONS THEREOF:-  

We have heard arguments from the complainant side.   We have gone through the complaint and the evidence adduced by way of affidavit by the complainant as well as the documentary evidence produced by the complainant. We are satisfied that the complainant had entered into an agreement with the O.P.  through   'Agreement for Sale' on 15.02.2017 before the Notary Public, Agartala West Tripura with terms and conditions as specified in the said agreement for sale. And complainant paid an amount of Rs.4,00,000/- in total as per agreement. The said flat is supposed to hand over to the complainant within a period of 22 months. But we find that till filing of the complaint the O.P. neither handed over the flat nor refunded the advance amount paid by the complainant. Correspondence was also made between the complainant and the O.P. The O.P. informed the complainant that the O.P. will  refund the advance amount of Rs.4,00,000/-, but we find that till filing of the complaint the O.P. did not hand over the flat nor refunded the advance amount to the complainant. We further find that the complainant became victim at the hands of the O.P. According to us O.P. has indulged an unfair trade practice. The complainant has suffered mental agony, and harassment on account of the unfair trade practice indulged in by the O.P.

 

6. In view of the discussion made above we find and hold that the complainant has succeeded in establishing the case U/S 35 of  the Consumer Protection Act, 2019. We accordingly find that the O.P. is guilty of committing unfair trade practice against the complainant and also deficiency of service.

 

7. It is hereby directed that the O.P. shall return Rs.4,00,000/-  being the amount of advance that had been paid by the complainant for booking of the flat as per agreement arrived at between the complainant and the O.P. The amount of Rs.4,00,000/- shall carry interest @ 9% P.A. from 12.05.2017 (date of deposit) by the complainant as advance till the payment is made. 

 

The O.P. shall also pay Rs.20,000/- to the complainant for causing mental agony and harassment together with Rs.5,000/- being the cost of the litigation. Thus, O.P. shall have to pay Rs. 4,25,000/-(Rs.4,00,000/- + Rs.20,000/- + Rs.5,000/-), additional 9% interest on Rs.4,00,000/- till the payment is made to the complainant within a period of 2(two) months from the date of judgment, failing which the amount of Rs.20,000/- and Rs.5,000/- as awarded above shall carry interest @ 9% P.A., till the payment is made in full. Supply copy of this judgment to both the parties free of costs.

 

Announced.

 

 

SRI R. PAL

PRESIDENT, 

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

 

Dr (SMT) B. PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.