DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.  51/2021

Date of Filing:-                        Date of Admission:-                     Date of Disposal:-

           03.03.2022                                    11.03.2022                           24.07.2023

P R E S E N T                :-   Smt. Monisha Shaw..………… Member.

                                         :-   Sri.  Abhijit Basu…. …………. Member.

JUDGMENT/FINAL ORDER

This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019.

The brief fact of the case is Opposite Party offered to sale a residential flat measuring about 811 sq.ft. super built-up area on 3^rd floor constructed at Udyan Pally, Belghoria, D.P. No. Kolkata 700056 with construction target to be completed within 2018. The total consideration amount of said flat was 19,89,000/-. One agreement for sale was made on 25^th August, 2015 by and between the parties and paid total Rs. 4,00,000/- from time to time as per progress of development work. The Opposite Party issued receipts for receiving money. The Complainant approached the Opposite Party on several time about their construction and handed over the possession of the said flat but in vein. Then, Complainant sent legal notice upon O.P loosing his faith to return his advance money with interest on 31/07/2019 but in vein. Compelling circumstances the Complainant filed this case. The Case is within the territorial and pecuniary jurisdiction of this commission and the case is filed within the limitation period as limitation shall always run as continuous cause of action till registration and handed over the property and handed over the Completion Certificate. This Commission sent notice upon Opposite Party. Opposite Party filed Writen Version but not appeared at the time of argument. In written argument, Opposite Party submitted that the flat is ready but due to non payment of balance consideration money the flat was not handed over to the Complainant.

Opposite Party submitted that Complainant did not paid Rs. 4,00,000/-. It is mentioned that the Opposite Party issued money receipt which is submitted by the Complainant where it showed that Complainant paid total Rs. 4,00,000/-. The Opposite Party was not present at the time of argument. Hence, the case heard ex-parte. The Ld. Advocate for Complainant submitted that the money receipt issued by the Opposite party / Developer and the agreement for sale was drafted and prepared by the advocate of the Opposite Party and there was no opportunity to the Complainant to rectify the same.

 Following issued were framed for the purpose of decision:-

1. Whether the complaint is maintainable or not?

2. Whether the Complainant is entitled to get relief / reliefs in this case.

Contd. To Page No. 2 . . . .

: :  2  : :

      C.C. No.  51/2021

Reason for Judgment:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

In this case, as Complainant paid Rs. 4,00,000/- for purchasing the said flat to the Opposite Party, therefore, Complainant is a consumer and Opposite Party is service provider. The Complainant submitted that the Opposite Party could not complete the said flat. As per agreement, the Opposite Party could not complete the said flat and was not handed over the flat within time as agreed by both the parties as such Opposite Party failed and neglected to provide his service which will be treated as deficiency in service.

Considering the case we are in view that as the O.P could not provide service and / or handed over the possession of the said flat within the stipulated period so the Opposite Party is liable for deficiency in service on his part. O.P could not file any proof that he completed the flat within the stipulated period as agreed also failed to provide Completion Certificate. Therefore, the Complainant has proved the case and entitled to get relief.

Hence,

it is ordered,

            That the case being no. C.C./51/2021 be and the same is allowed on merit and hear ex-parte argument as the Opposite Party was not present at the time of argument.

            The Opposite Party is directed to refund the advance amount of Rs. 4,00,000/- with 6% interest per annum from the date of receipt of money till recovery with litigation cost of Rs. 5,000/- within 03 (three) months from the date of delivery of this judgment. Failing which the Complainant is at liberty to file execution case according to law.

            Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

Member

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