Dt. of filing – 09/02/2018

Dt. of Judgement – 31/07/2019

Mrs. Sashi Kala Basu, Hon’ble President

          This consumer complaint is filed by the Complainant namely Dr. Mandira Mallik under Section 12 of the Consumer Protection Act, 1986 against the Opposite Party namely Sri Kaushik Das alleging deficiency in service on his part..

          Case of the Complainant in short is that on seeing an advertisement in the new dailies by the Century 21 Reality, Complainant visited the Opposite Party at New Alipore wherein she was informed by the Opposite Party about the project namely “Dakshine Green City” commencing within a short period of time. On her approach she was assured of providing flat measuring an area of 480 Sq ft in the said project. As she was not carrying any cheque book, on her request Opposite Party sent his men on 12/1/2015 and on 19/10/2015 at the residence of the Complainant. Those men introduced themselves as Bappa and Bijoy and collected cheque of Rs.30,000/- dated 19/10/2015 and cheque of Rs.20,000/- also dated 19/10/2015. Receipts were issued. It was stated by the said men and agents of the Opposite Party that relevant papers of the said project would be handed over to the Complainant for its verification and satisfaction. She was also assured that she would be offered a flat on the first floor of the residential unit of the proposed building after sanction of the building plan. But till February, 2017 Complainant was neither handed over any documents nor OP carried out any work towards the said project. So, seeing no alternative Complainant sent letters dated 3/1/2017 and 21/2/2017 to the Opposite Party to refund the said amount. But the Complainant has neither returned the said booking amount of Rs.50,000/- nor they have replied to the letter. So the present complaint has been filed by the Complainant praying for directing the Opposite Party to cancel the booking of the flat and to refund the amount of Rs.50,000/-, to pay compensation of Rs.30,000/- and litigation cost of Rs.20,000/-.

          Complainant has annexed with the complaint petition, photocopy of the Brochure about the project namely, Dakshini Green City, a copy of the letter by the Opposite Party Firm to the Complainant,   photocopy of the receipts dated 12/10/2015 and 19/10/2015 showing payment of Rs.30,000/- and Rs.20,000/- respectively by the Complainant and also the copy of the letters dated 3/1/2017 and 21/2/2017 sent by the Complainant to the Opposite Party.

          On perusal of the record it appears that despite the service of notice, no step was taken by the Opposite Party, so the case came up for ex-parte hearing vide order dated 13/2/2019.

          So the only point requires determination is:-

          Whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

          It is the claim of the Complainant that she booked a flat in the project namely, Dakshini Green City and also paid an amount of Rs.30,000/- and Rs.20,000/- towards the booking by way of cheque dated 19/10/2015. In support of her said claim Complainant has filed the copy of the correspondence by the Opposite Party Firm acknowledging receiving of the application towards the booking of the flat measuring an area of 480 Sq ft in the project namely, Dakshini Green City. She has also filed the receipt dated 12/10/2015 showing payment of Rs.30,000/- by way of cheque bearing no.000003 dated 19/10/2015 and showing payment of Rs.20,000/- by way of cheque bearing no.700069. The letters dated 3/1/2017 and 21/2/2017 sent by the Complainant to the Opposite Party further establishes the claim of the Complainant about booking of the flat and payment of Rs.50,000/- in total. It is the case of the Complainant that she has not been handed over the relevant documents by the Opposite Party and thus wrote those letters to refund the amount.  Since before this Forum there is absolutely no contrary material in order to counter or rebut the claim of the Complainant, Complainant is entitled to refund of the said amount of Rs.50,000/- paid by her. However, her prayer to cancel the booking of the flat cannot be allowed by this Forum as the same is beyond the jurisdiction of this Forum.  Complainant has also prayed for compensation but in the given situation of this case especially on consideration of the correspondence by the Opposite Party Firm, we do not find any justification to allow the compensation. However, she is entitled to the litigation cost.

Hence,

                         ORDERED

CC/67/2018 is allowed ex-parte. Opposite Party is directed to refund Rs.50,000/- along with the litigation cost of Rs.10,000/- to the Complainant within two months from the date of this order failing which entire sum shall carry interest @ 10% p.a till realisation.