West Bengal

Bankura

CC/14/2024

Smt Sibani Roy Chowdhury - Complainant(s)

Versus

Sri Joydeep Ghosh - Opp.Party(s)

Sandip Chakraborty

15 May 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

  Consumer Complaint No. 14/2024

                                                     Date of Filing:  19/02/2024                                             

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant: Ld. Advocate Sandip Chakraborty

For the O.P.: Ld. Advocate Raja Ganguly

Complainant  

Smt Sibani Roy Chowdhury,W/O-Manjit Roy Chowdhury,R/O-Gopinathpur,P.O-Bankura,P.S&Dist-Bankura,Pin-722101,Mob-8972753514

Opposite Party                                                              

1.Sri Joydeep  Ghosh(Land Owner),S/O-Sri Nirod Kr Ghosh,R/O-Anindita,Sasanka Pally,J.P.Avenue,P.S-Coke Oven,Durgapur,P.O-Gopinathpur,Dist-Paschim Bardhaman,Pin-713211

2.PADMA CONSTRUCTION-A proprietorship Firm,having its office at –AN-95/B,Yurigagarin Path,P.O-Bidhannagar,P.S-New Township,Dist-Paschim Bardhaman,Pin-713212

3.Mr. Chandan Pobi,S/O-Late Apurba Pobi,Proprietor and Developer,Padma Construction,R/O-Karangapara,P.O-Durgapur,P.S-Coke Oven,Dist-Paschim Bardhaman,Pin-713201     

                                                                                                                          

FINAL ORDER / JUDGEMENT

Order No.06

Dated: 15-05-2024

Both parties file hazira.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that she booked a flat with O.P.s being Unit No. 1-C   on the First (1^st) Floor at Balaka Apartment with a super built-up area of 840 Sq. Ft. initially for Rs.22,92,000/- under an Agreement for sale dated: 27/01/2023 executed by and between the parties and out of the total consideration money she paid Rs.6,87,000/- and thereafter upon cancellation of the booking of the said Flat the Complainant got refund of Rs.5,65,598/- keeping a balance Rs.1,21,402/- (wrongly mentioned as Rs.1,22,002/- in the petition of complaint) unpaid. The instant case has been filed by the Complainant for refund of the balance Earnest money with compensation and litigation cost.

O.P.s uilders filed a written version to contest the case stating therein that the Complainant is not entitled to get balance Earnest money as prayed for as the said amount has been adjusted towards GST and other charges.

                                                                                                                                                                                          Contd…..p/2

 Page: 2

-: Decision with reasons:-

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that Ld. Advocate for the Complainant expressed the willingness of his client to resume the transaction further for purchase of the said Flat which was offered by the O.P. at Rs.27 Lakh due to escalation of prices. On the intervention of the Commission and the Ld. Advocate on both sides the price of the Flat was settled at Rs.25 Lakh out of which 30% down payment is to be made within two months from this date though offer price was not endorsed by the Ld. Advocate for O.P.s and the rest amount will have to be paid at the time of execution and registration of the transaction. Be it mentioned here that outstanding amount of Rs.1,21,402/- will be adjusted in the new transaction. The Complainant will have right of prior inspection of the Flat under sale before completion of the transaction.

Relying on the submission of Ld. Advocate on both sides the Commission accepts the new transaction between the parties for purchase of the same Flat as described above at a total consideration of Rs.25 Lakh to be justified and reasonable and the payment schedule will follow as above. Execution of formal agreement to complete the transaction may be dispensed with and both parties have agreed to act in furtherance of the transaction on the basis of the Order passed by this Commission hereinbelow. However in case of any controversy and dispute with regard to enforcement of the transaction previous agreement dated: 27/01/2023 may be referred to and acted upon by the parties.

With this observation the case is disposed of on contest by directing the O.P.s to execute and register the Deed of Conveyance in favour of the Complainant at her own cost in respect of the above mentioned Flat accompanied by immediate delivery of possession subject to payment of Rs.25 Lakh as per payment schedule described above after adjustment of payment of Earnest money already paid by the Complainant within four months from this date I/D law will take its own course.

Both parties are given liberty to extend the time limit for completion of the transaction according to their convenience.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________          

HON’BLE   PRESIDENT           HON’BLE MEMBER