THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

CASE No. CC- 103 of 2022

 

 

Sri Tapas Ray Choudhuri,

S/O- Late Dharanath Ray Choudhuri,

C/o- Sri Sujoy Laskar,

Dhaleswar Road No.16, P.O. Dhaleswar,

Agartala, West Tripura, Pin- 799007. ...….................Complainant.

 

 

-VERSUS-

 

Smt. Nibedita Baidya,

W/O- Sri Samaresh Baidya,

Krishnanagar, 

Pragati Road(Opposite to Deep Saloon),

Near Mehar Kalibari,

P.O. Agartala, West Tripura .   ..................Opposite Party.

 

 

 

 

         __________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 Tapas Kr. Deb,

  Sri Debebrata De,                                   

  Learned Advocates.

  

For the O.P.  : Ex-parte.

 

 

 

 

JUDGMENT  DELIVERED  ON :  30.09.2022

 

 

J U D G M E N T

The Complainant's case in short is that the complainant intended to purchase a flat from the O.P. under Mouja Agartala Sheet No.21, Tehshil-East Agartala, Sub-Registry-Sadar, area at Dhaleswar Road no.7, Agartala in the land of Sri Anjan Nath. The complainant after discussion with the O.P. comes to an agreement dated 24th October, 2016 which was extended up to 31st December, 2019 for purchasing the flat from the O.P. and the complainant agreed to purchase 807 sqft. (north side) at 4th floor(G+ 4) one flat along with garage area which will be constructed by the O.P. within 22 months from the date of execution of the agreement. As per agreement complainant agreed to purchase the same at a consideration  of Rs.17,00,000/- along with garage from the O.P. which will be paid by the complainant in 6 installments as mentioned in the said agreement. The complainant paid an amount of Rs.11,20,000/- to the O.P.  from 24.10.2016 to 09.04.2018. But the O.P. failed to deliver the  possession of the said flat to the complainant and also failed to execute any registered deed in favour of the complainant within the stipulated period of 22 months. The complainant on several occasion contacted with the O.P. for delivery of the flat to him or refund the money paid by him to the O.P. but no effect.  He also issued Advocate Notice on 28th February, 2022  but the O.P .did not bother to reply the same. O.P. neither handed over the said flat to the complainant nor refunded the advance amount paid by the complainant to them. It is stated by the complainant that there is sheer negligence and deficiency in service on the part of the O.P. causing heavy loss to the complainant. Hence, complainant filed this case claiming refund of the advance amount of Rs.11,20,000/-, Rs. 9,00,000/- for causing loss for non-delivery of the flat, Rs.1,00,000/- for negligence and deficiency in service, Rs.1,50,000/- for causing mental agony, pain, sufferings and harassment. 

 

2. After getting notice from this Commission the O.P. did not file written statement. Hence, the case is proceeded exparte against the O.P. vide order dated 24.06.2022. 

 

3. EVIDENCE ADDUCED BY THE COMPLAINANT:-

The complainant submitted his examination in chief on affidavit as P.W. 1. Also submitted 06 documents vide firsiti dated 29.03.2022 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. dated 24th October, 2016 which extended up to 31st December, 2019 for purchasing the flat from the O.P. 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.11,20,000/- as advance payment. 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. 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 hold that the complainant has succeeded in establishing the case U/S 35 of  the Consumer Protection Act, 2019. We accordingly hold 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.11,20,000/-  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.11,20,000/- shall carry interest @9% P.A. from 09.04.2018(date of last deposit) by the complainant as advance till the payment is made. 

 

The O.P. shall also pay Rs.50,000/- to the complainant for causing mental agony and harassment together with Rs.10,000/- being the cost of the litigation. Thus, O.P. shall have to pay Rs.11,80,000/-(Rs.11,20,000/- + Rs.50,000/- + Rs.10,000/-), additional 9% interest on Rs.11,20,000/- w.e.f. 09.04.2018 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.50,000/- and Rs.10,000/- as awarded above shall also 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.