DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 16 of  2024

 

Smt. Asha Roy,

W/O- Sri Jagadish Roy,

Krishnanagar, Officer's Quarter lane,

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

District- West Tripura,

Pin- 799001.

 

Presently Residing at:

C/O- Ramdas Kar,

AKhaura Road, Lane No.1,

Oppt. Police Head Quarters,

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

District- West Tripura,

Pin-799002. .........Complainant.

 

-VERSUS-

 

1. M/S P. Das Construction and Company,

A Partnership firm represented 

by its partners namely Sri Prafulla Das,

S/O- Late Pulin Bihari Das,

Gouranga Tilla,

P.O. & P.S. Teliamura,

District- Khowai,

Pin- 799205.

 

2. Sri Saikat Das,

S/O- Sri Prafulla Das,

Gouranga Tilla,

P.O. & P.S. Teliamura,

District- Khowai,

Pin- 799205.

 

3. Sri Sayanta Das,

S/O- Sri Prafulla Das,

Gouranga Tilla,

P.O. & P.S. Teliamura,

District- Khowai,

Pin- 799205.

 

 

4. Smt. Dipabali Deb,

W/O- Sri Joy Deb,

C/O- Sri Dipankar Deb,

Ramnagar Road No.5 and 6,

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

District- West Tripura,

Pin-799002.

 

5. Sri Dipankar Deb,

S/O- Sri Nipendra Ch. Deb,

Ramnagar Road. No. 5 and 6,

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

District- West Tripura,

Pin- 799002. ............Opposite Parties.

   

________PRESENT__________

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR(SMT) BINDU PAUL

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

C O U N S E L

 

For  the  O.P. : Exparte.

 

 

 

F I N A L    O R D E R

 

1. Smt. Asha Roy here-in-after called the “Complainant” has filed this case against Prafulla Das, Saikat Das, Sayantan Das, Dipabali Deb and Dipankar Deb here-in-after called the O.Ps. 

 

1.1 The O.Ps are the partners of Parnership firm namely M/S P.Das Construction and Company represented by its partner namely Prafulla Das.

 

1.2 The O.Ps entered into an agreement dated 08.10.2020 with the complainant for selling a flat measuring 720 sq. ft. to be constructed on 0.0580 acres of land of Mouja- Agartala, Sheet No.-3, Tehshil- Ramnagar, Khatian No- 377, plot no- 2134/45926(P), Hal Plot No- 1750. The delivery was supposed to be given within 12 months from the date of agreement as per the classification of the agreement. But due to Covid-19 pandemic the flat could not be delivered in time. 

 

1.3 The complainant paid Rs.33,50,000/- by cheque and cash and Rs.30 lakhs was paid to Smt. Dipabali Deb  in her bank account as per the instruction of the other O.Ps and rest amount was paid by cash. Sayanta Das accordingly issued money receipt dated 07.10.2020 by giving back date and another money receipt dated 22.04.2020 for Rs.30 lakhs and 3,50,000/- respectively in the pad of P. Das construction and Co. 

 

1.4 Sri Sayanta Das entered into agreement with the complainant for and on behalf of the other partners of M/S P. Das Construction and Co. 

1.5 The flats were to be constructed on the land of Chaitali Dutta and Goutam Datta on Ramnagar Road No.2.

1.6 The O.Ps has not completed the flats inspite of repeated requests and in fact handed over a false certificate of RERA on demand of the complainant.

1.7 The complainant served Legal Notice upon the O.P. but in vain.

1.8 Hence, this complaint.

 

2. Summons were served upon the O.P. No.1, 2 & 3 but they did not appear and contest the case. 

 

2.1 Summons issued upon the O.Ps No.4 & 5 returned with report that there doors were found under lock and key. As such substituted service of notice was caused by publishing a notice in the daily local newspaper namely 'Tripura Darpan' dated 10th May, 2024 but the O.P. No. 4 and 5 did not appear. 

 

2.2 Hence vide order dated 31.05.2024 the case has been proceeding exparte against the O.Ps. 

 

3. The complainant submitted evidence of affidavit along with documents i.e., copy of the agreement entered between the complainant in one side and M/S P. Das construction and Co. on the other side and such agreement was signed by Sayanta Das one of the partners of the company.

 

3.1 The complainant also submitted money receipt dated 07.10.2020 and 22.04.2022 issued by Sayanta Das for Rs.30 lakhs and Rs.3,50,000/- respectively, Legal Notice delivered to the O.Ps and Certificate of RERA falsely shown by the O.Ps to the complainant. 

 

4. Hearing argument of the complainant we find that right from the beginning the O.Ps nourished an evil intention of cheating the complainant as agreement for sale was signed Sayanta Das one of the partners but in the agreement it is no where mentioned that Sayanta Das was Power of Attorney of the partnership firm.

4.1 Further being directed by the O.Ps Rs.30 lakhs was deposited in the bank account of Smt. Dipabali Deb one of the partners but receipt was issued by Sayanta Das for Rs. 30 lakhs and by giving a back date. Similarly  another receipt was issued on 22.04.2022 by Sayanta Das for Rs.3,50,000/-. 

 

4.2 The registration certificate of RERA as handed over by the O.P. to the complainant is not of Ramnagar locality as the complainant checked in the website of RERA and found that this registration No- PRTR 10200099 was allotted to one project namely Township Project of TUDA at Kunjaban site near Bhaghatsingh Hostel, Agartala. Thus, this is another false practice by the O.Ps. As such the O.Ps are guilty of deficiency in service and with criminal intention as well and that could be a reason that the O.Ps did not appear to contest the case before this Commission.

 

 

5. In the result, we order that the O.Ps are jointly and severally liable to return the amount of Rs.33,50,000/- to the complainant with interest @ 7.5% P.A. from the date of filing of this case  i.e., 12.02.2024 till the date of actual payment. In addition to that the O.Ps shall pay a sum of Rs.5 lakhs to the complainant as compensation including litigation cost.

 

6. The case stands disposed off.

 

7. Supply 6 copy of this Final Order free of cost to the complainant. Complainant shall send each copy to the O.Ps by post or hand over in person.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR(SMT) BINDU PAUL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.