DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 91 of 2018

 

Smt. Saptamita Chakraborty,

D/O- Shri Ajoy Sankar Chakraborty,

W/O.-Shri Debabrata Chakraborty,

Resident of Bhati Abhoynagar, Near Albert Clum, Agartala,

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

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

 

 

               VERSUS

 

1). Smt. Nibedita Baidya,

(Prop/Promoter: of Maya Construction)

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 Samaresh Baidya,

Managing Director,

“Maya Construction”, Agartala,

Dhaleswar Road No.8, P.O.-Dhaleswar,

P.S.-East Agartala, Pin-799007,

Dist.-West Tripura. ….............................................Opposite parties. 

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  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 Complainant : Sri Tapas Kr. Deb,

  Sri Debabrata De,

  Advocates.

For the O.Ps. : Sri Debasish Datta,

  Advocate. 

 

JUDGMENT  DELIVERED  ON: 19/06/2019

J U D G M E N T

The complainant Smt. Saptamita Chakraborty, 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.Ps. who are the Builders-cum-Promoters.  

  The complainant's case in brief is that the Complainant being allured by the advertisement made by the O.Ps. for selling flats to be constructed at the Northern side of Ramnagar Road No.3, Agartala had entered into an agreement with the O.Ps. on 19/02/2017 vide agreement No.212/FEB/2017 and booked one flat on payment of Rs.8 lac in cash by way of advance. As per the said agreement the total value of the flat was settled at Rs.23,65,000/- and that the construction will be completed within the stipulated period of 20 months which will be followed by delivery of possession to the Complainant.  It was settled that the O.Ps. will deliver possession of the flat to the complainant in the month of October, 2018. The Complainant found that even after lapse of 06 months from the date of agreement the O.Ps. did not start the construction work. The O.Ps. even did not obtain approval of the plan of the proposed construction work from the Municipal Corporation. Being  dissatisfied the Complainant wrote a letter to the O.P. No.1 on 08/09/2017 and informed him about her decision not to purchase the flat and at the same time she demanded refund of the amount already paid as advance. The O.P. No.2 in response to the letter himself made an endorsement in writing on the left side bottom on the application therein he had assured her to get the matter settled  within 15 days. The O.P. however did not keep his assurance. It was on 17/04/2018 the O.P. No.1 wrote a letter to the complainant stating that the construction work will commence within 02 months failing which the O.Ps. will cancel the agreement and will refund the advance amount with 9% interest to the Complainant. As the O.Ps. did not keep their promise this time also, the Complainant on 08/05/2018 wrote another letter to the O.P. No.1 requesting for canceling the agreement and demanded refund of the advance amount with 9% interest within 03 months. The O.P. No.1 in response to the said letter of the Complainant issued another letter on 11/11/2018 wherein he had assured the complainant of refunding the advance amount in full or by installments depending upon availability of fund with him. The Complainant alleged in her complaint that the O.Ps. failed to comply with such assurance also. 

 

Being dissatisfied with the conduct of the O.Ps. the Complainant has filed the present complaint claiming compensation in total for an amount Rs.17,50,000/- plus 9% interest  P.A.  

Hence this case. 

 

2. Based on the complaint notices were duly sent to the O.Ps. from this Forum. Both the O.Ps. appeared and engaged a lawyer to defend the case on their behalf. The O.Ps. however did not submit their written objection inspite of giving them opportunity by the Forum for several dates. The case ultimately proceeded exparte against both the O.Ps. 

 

 

 

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 09 documents comprising 15 sheets. The documents are :- Original sale agreement dated 19/02/2017, Letter of the Complainant dated 08/09/2017, Letter of the O.P. No.1 dated 17/04/2018, Letter of the complainant dated 08/05/2018, Letter of the O.P. No.1 dated 11/11/2018, Letter of the Complainant dated 24/11/2018, Letter of the O.P. No.1 dated 08/12/2018, Loan account statement in the name of the Complainant issued by the ICICI Bank, Photograph of the Flat site. The documents are marked Exhibit-I series. 

 

  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.Ps. on 19/02/2017 for purchasing a Flat on consideration amount of Rs.23,65,000/- and that on the same day the Complainant paid Rs.8 lac as advance to the O.Ps. As per the agreement the Complainant is supposed to get possession of the Flat within 20 months but we find that till filing of the complaint the O.Ps. did nothing for initiating the construction work. A number of correspondences were made between the Complainant and the O.Ps., when the Complainant for the 1st time on 08/09/2017 demanded for refund of the advance amount as she found that the O.Ps. did not start the construction work of her Flat. From the letters of the O.Ps. dated 17/04/2018, 11/11/2018 & 08/12/2018 it is evident that both the O.Ps. have admitted their inability to start the project work and also their willingness to return the advance amount of Rs.8 lac in full with 9% interest to the Complainant. But we find that till filing of the Complaint the O.Ps. did not keep their promise. We further find that the Complainant became victim at the hands of the O.Ps. From the ICICI Bank statement it is evident that the complainant had obtained Bank loan for an amount of Rs.2 lac with 16.75 interest in order to deposit advance amount to the O.Ps. The O.Ps. according to us have indulged in unfair trade practice. The Complainant has suffered  mental agony, and harassment on account of the unfair trade practice indulged in by the O.Ps. 4.   4. DECISION AND REASONS FOR DECISIONS:-

  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. 

  We accordingly find the O.Ps. guilty of committing unfair trade practice against the complainant. 

  It is here by directed that the O.Ps. shall return Rs.8 lac being the amount of advance that had been paid by the Complainant for booking a Flat as per agreement arrived at between the complainant and the O.Ps. The amount of Rs.8 lac shall carry interest @9% P.A. from 19/02/2017(date of deposit made by the Complainant as advance) till the payment is made. 

 

 

   The O.Ps. shall also pay Rs.20,000/- to the Complainant for causing mental agony and harassment together with Rs.4,000/- being the cost of litigation. Thus the O.Ps. shall have to pay in total Rs.8,24,000/- (Rs.8 lac + Rs.20,000/-+  Rs.4,000/-) additional 9% interest on Rs.8 lac to be accrued from 19/02/2017 till the payment is made to the Complainant within a period of 2 months from the date of judgment failing which the amount Rs.20,000/- & Rs.4,000/- as awarded above  shall carry interest @9% P.A. till the payment is made in full.    

      

    

  ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

 SMT. DR. G. DEBNATH,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.