DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 03 of 2019

 

Sri Biplab Sen,

S/O- Lt. Manik Sen,

Resident of 48, Ward 13 T.P. Road,

Near Skylark Club, Krishnanagar,

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

 

    -VERSUS-

 

1). Smt. Nibedita Baidya,

W/O. Sri Samaresh Baidya,

Resident of Dhaleswar Road No.6,

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

District-West Tripura, Pin-799007,

Proprietor of Maya Construction 

Situated at Dhaleswar Road No.8,

Agartala, West Tripura.

 

2). Smt. Laxmi Rani Ghosh,

D/O.-Nani Gopal Ghosh,

Resident of Ramnagar Road No.7,

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

Pin-799001,

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 Chandan De,

  Sri Debasish Saha,

  Advocates. 

For the O.Ps. : Sri Sampad Choudhury,

  Advocate.   

 

JUDGMENT  DELIVERED  ON: 05/08/2019

J U D G M E N T

The complainant Sri Biplab Sen, 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 super built up area of 852 sqft. bearing No. B in 2nd Floor and one garage with an area of 120 sqft. in a G+3 storied building to be constructed at Ramnagar Road No.7, Agartala by the O.P. No.1 on consideration of Rs.22 lac made an agreement with the O.P. No.1 on 21/06/2017 on payment of Rs.4 lac as booking amount as per the terms and conditions of the agreement. The complainant made the payment of Rs.4 lac by a cheque bearing No.179363 dated 19/06/2017 drawn on Axis Bank, Agartala Branch and the O.P. No.1 has acknowledged receipt of the same as indicated in the agreement for sale. The said agreement has been registered before the Notary Public at Agartala on the same day. The O.P. No.1 had obtained due power of attorney from the Land Owner, the O.P. No.2 before entering into the agreement with the Complainant. 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 22 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 22 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 alleged in his complaint that the O.P. No.1 on 25/04/2018 by a letter informed the complainant that due to some unavoidable technical reasons the construction work of the proposed building has been stopped and that she was apprehending that she could not complete the construction work and hand over the flat to him in time. By the said letter the O.P. No.1 had proposed to cancel the sale agreement and refund the booking money to him with 9% interest as per the  the agreement within 03 months from the date of cancellation of the agreement.  The O.P. No.1 at the same time requested the Complainant to fix a convenient date for cancellation of the agreement. 

In response to the said letter of the O.P. No.1 dated 25/04/2018, the Complainant on 30/04/2018 issued a letter to the O.P. No.1 requesting her to fix the date 05/05/2018 for cancellation of the agreement. 

The complainant in his complaint has further stated that on 21/05/2018 the O.P. No.1 by a letter requested the complainant to furnish the Bank details to her so that the amount which was paid as advance by him could be refunded with 9% interest through money transfer.  

The Complainant accordingly by a letter dated  01/06/2018 informed the O.P. No.1 his Bank details for refund of the booking money with 9% interest from the O.P. No.1.  Thereafter, the O.P. No.1 did not take any step even after issuance of two reminders dated 30/06/2018 & 05/10/2018 by the Complainant to the O.P. No.1. 

Being aggrieved and dissatisfied with the conduct of the O.Ps., the complainant has filed the instant complaint against the O.Ps. claiming Rs.4 lac being the booking money with 9% interest, Compensation of Rs.2 lac,  Rs.1 lac being Misc. expenditure incurred by him and  Rs.25,000/- as the cost of litigation  from the O.Ps.

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 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 have 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 08 documents comprising 14 sheets. The documents are :- Xerox copy of Cheque dated 19/06/2017 issued by the Complainant in the name of the O.P. No.1, Xerox copy of agreement for sale dated 21/06/2017 between the O.P. No.1 and the Complainant, Copy of the  Letter  dated 25/04/2018 issued by the O.P. No.1 to the complainant, Copy of the letter dated 30/04/2018 issued by the Complainant to the O.P. No.1, Copy of the letter dated 21/05/2018 issued by the O.P. No.1 to the complainant, Copy of the letter dated 01/06/2018 issued by the Complainant to the O.P. No.1, Copy of the letter dated 30/06/2018 issued by the Complainant to the O.P. No.1 & Copy of the reminder letter dated 05/10/2018 issued by the Complainant to the O.P. No.1  The documents are marked Exhibit-I series. 

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

We have 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 21/06/2017 for purchasing of one Flat on consideration for an amount Rs.22 lac. The Complainant on the same day paid Rs.4 lac to the O.P. No.1 as booking money by a cheque bearing No.179363 dated 19/06/2017 drawn on the Axis Bank, Agartala Branch. The O.P. No.1 has also acknowledged the receipt of the cheque as indicated in the sale agreement itself. 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. But the O.P. No.1 by a letter dated 25/04/2018 informed the Complainant that due to some unavoidable technical reasons the construction work of the proposed building has been stopped and that the O.P. No.1 was apprehending that she could complete construction work and hand over the flat to the Complainant in time.  By the said letter the O.P. No.1 had also proposed to cancel the sale agreement and refund the booking amount to the Complainant with 9% interest in terms of the agreement withing 03 months from the date of cancellation of the agreement. 

We find that the Complainant has agreed with the proposal of the O.P. No.1 and that as per request of the O.P. No.1 he has by a letter dated 01/06/2018 informed the O.P. No.1 his Bank details so as to enable the O.P. No.1 to refund the booking amount with 9% interest. 

We further noticed that thereafter the O.P. No.1 neither came forward to cancel / revoke the sale agreement nor did he refund the booking amount to the Complainant reasons best known to her. We are also surprised to find that in the recital of the agreement for sale nothing has been mentioned from the side of the O.P. No.1 about building plan and that in absence of approved building plan the O.P. No.1 had collected Rs.4 lac as booking amount from the Complainant against one flat. 

The O.P. No.1 according to us has thus indulged in unfair trade practice. The Complainant has suffered mental agony 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. No.1 guilty of committing unfair trade practice against the complainant. 

  It is here by directed that the O.P. No.1 shall return Rs.4 lac being the advance amount that had been paid by the Complainant for booking a Flat as per agreement arrived at between the complainant and the O.P. No.1 The amount of Rs.4 lac shall carry interest @9% P.A. from 21/06/2017(date of deposit made by the Complainant as advance) till the payment is made. 

 

The O.P. No.1 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. No.1 shall have to pay in total Rs.4,25,000/- (Rs.4 lac + 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.P. No.1 shall have to pay additional 9% interest on Rs.4 lac to be accrued from 21/06/2017 till the payment is made.  

   

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.