This is an application u/s.12 of the C.P. Act, 1986.

          Complainants by filing this complaint has submitted that he intended to purchase one flat when the complainant’s only daughter and her husband by profession Doctor had good relation with the husband of the present OP Pratima Bagchi who is also a doctor and as per assurance of the OP’s husband complainants expressed their desire to their daughter and son-in-law and was introduced with Dr. Anup Bagchi, Husband of Pratima Bagchi.   After consulting with Dr. Anup Bagchi the husband of the OP the said Dr. Anup Bagchi told and assured the complainant that his wife’s name is Pratima Bagchi who is in developer under name and style of SreeSree Partha Sarathi Developers who was running a construction at Canal East Road situated under KMC on the basis of the sanction of the KMC and so complainant booked a flat being satisfied about the OP’s genuinity being flat No.3H measuring 900 sq. ft. at a total consideration of Rs.15 lakhs and accordingly, being satisfied and moved about words and gesture of the OP and her husband complainant went to the office cum resident of OP on 29-09-2010 and after final talks the complainants tendered a sum of Rs.1 lakh in cash against that OP issued a money receipt on the same date in favour of the complainant accepting as booking amount of the said flat and also as advance.

          Thereafter, complainant requested the OP directly and al;so over phone to handover the said flat and against that OP disclosed that the matter will be matured within short period.  But practically OP did not take any active step and giving false assurances they took time but thereafter, did not respond and fact remains that the husband of OP Dr. Anup Bagchi has his private nursing home situated at 74A, B.T. Road, Kolkata-700 004 and the OP reside beside just beside the nursing home and OP on several occasions requested them to complete the flat and when they became frustrated they requested the complainant and her husband to refund the said amount but they refused and ultimately, did not execute sale deed and did not handover possession after receiving the balance amount.  Thereafter, lawyer’s notice was sent which was returned with the remark ‘left’ and ultimately, complainant prayed for execution and registration of the Deed of Conveyance or for directing the OPs to refund the entire amount and also for compensation for such harassment.

          Fact remains notice was issued upon the OPs but same were received with note ‘left’ for which ultimately notice was published in the daily newspaper ‘Aajkal’ on 17^th November, 2013 properly upon the OPs and it was found a good notice was widely circulated but the OP did not turn up for which the case is heard ex parte.

Decision with Reasons

On overall study of the complainant including materials and the order sheet it is clear that Pratima Bagchi, is wife of Dr. Anup Bagchi and it is undisputed fact that Pratima Bagchi resides at 74A, B.T. Road, Kolkata-700 004.  It is also fact that SreeSree Partha Sarathi Developer’s office is at 74A, B.T. Road, Kolkata-700 004 and wherefrom Dr. Anup Bagchi, husband or Pratima Bagchi runs his Speedage Nursing Home from 848E, Block ‘A’, Lake Town, Kolkata – 700 089 and complainant no doubt has proved that he paid Rs.1 lakh to Pratima Bagchi what Pratima Bagchi received on 29-09-2010 after signing a receipt towards booking amount (Rs.1 lakh) for flat No.3H of 3^rd floor in cash and after that she did not refund it and also did not execute the Deed of Sale by handing over the flat after accepting balance amount.  Fact remains complainant sent notice to the address both to Dr. Anup Bagchi and also to Pratima Bagchi but Anup Bagchi received their said notice on 19-11-2010 but no relief was given to the complainants by refunding in the same.  Fact remains this complaint was filed on 12-11-2012 after receipt of the notice by the husband of the OP on 19-11-2011 and apparently it is proved that OP or her husband had no intention to receive balance amount and fact remains after receiving the amount as booking amount did not execute any sale or deed by sale after receiving the balance amount of consideration and considering that fact and also the conduct of the OP we are convinced that no doubt complainants have proved that their vital allegation is that OP received a sum of Rs.1 lakh as booking amount from the complainants for selling a flat being no.3H, 3^rd Floor on 29-09-2010 but did not execute any agreement to sale or vital deed of sale after accepting the balance amount rather OP has grabbed the said amount without refunding the same.  So, considering that fact it is clear OP being the wife of a renowned doctor has entered into a cheating business with the help of her husband Dr. Anup Bagchi who is also related with that act and negligency and deficiency in service on the part of the OP well proved for which we are convinced to hold that complainant was deceived by the OP and for which they are entitled to get refund of Rs.1 lakh which was paid on 29-09-2010 to OP along with interest over the said amount @10% per annum till its full satisfaction by the OP and also litigation cost for filing the complaint to get redressal from the Forum when complainants have no fault on their part.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a cost of Rs.10,000/-.  OP is directed to refund the booking amount of Rs.1 lakh to the complainants with interest @10% p.a. with effect from 29-09-2010 and till its full payment to the complainant as per this order.  For harassing the complainant and for causing huge loss to get a flat OP is also directed to pay damages to the extent of Rs.10,000/- also to the complainants.

          For adopting unfair trade practice complainants shall have to pay punitive damages of Rs.10,000/- to the present Forum.

          OP is directed to comply the above order and to satisfy the decree within one month from the date of this order failing which for violation and disobeyance of the Forum’s order he shall be prosecuted u/s.27 of the C.P. Act and also he shall have to pay further penal interest @Rs.200/- per day till full implementation of the present decree and order.