DATE OF FILING : 20-03-2014..
DATE OF S/R : 30-05-2014.
DATE OF FINAL ORDER : 23-12-2014.
Sri Kaushik Mukherjee,
son of late Sonar Chand Mukherjee
of 24/1/1, Joynarayan Babu & Ananda Dutta Lane,
P.S. and District – Howrah,
PIN – 711 101. ……………………………………………………… COMPLAINANT.
Versus -
Sri Somnath Chatterjee,
son of late Mathura Nath Chatterjee
of 31, Baishnab Para Lane, P.S. Shibpur,
District Howrah,
PIN 711101.
- Smt. Kumkum Das nee Chatterjee,
wife of Sri Pradip Das
of 1, Deshbandhu Nagar, Block E, Plot no. 57, Khardah,
P.O. Sodpur, District 24 Parganas ( North ),
Kolkata 700110.
- Smt. Krishna Chatterjee,
wife of Sri Amitabha Naha
of 31, Baisnab Para Lane, P.S. Shibpur,
District Howrah,
PIN 711 101.
- Shri Sumita Bhattacharjee alias Tuku Chatterjee,
wife of Sumit Bhattacharjee
of 490 F 1, Shalimar Gardens Ext 1, Ghaziabad,
Shahibabad, Uttarprodesh,
PIN 201005. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. to refund the entire earnest money received by the o.p. no. 1 and to pay compensation to the amount of Rs. 5 lakhs together with Rs. 2 lakhs as litigationcosts as the o.p. in violation of the agreement dated 09-03-2011 did not deliver the flat to the complainant.
The o.p. no. 1 in his written version contended interalia that the flat is ready; that the complainant is responsible for non delivery of the same.
The rest of the o.ps. did not appear in spite of receiving the summons. So the
matter was heard ex parte against the rest.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant isentitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. Admittedly the complainant paid Rs. 6,50,000/- on different dtes to the o.p. no. 1 out of total consideration of Rs. 19,44,450/- for purchase of a flat at 31, Baishnabpara Lane, Shibpur, Howrah, as per agreement. As the o.p. sent a letter on 11-03-2012 to the complainant intimating him that the valuation was increased, the complainant cancelled the agreement on 03-10-2012 and sent a letter. Accordingly, the o.p. refunded Rs. 50,000/- to the complainant. As the rest amount has not yet been refunded, we are of the view that this is fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of. The other interlocutory petitions being redundant are rejected.
Hence,
O R D E R E D
That the C. C. Case No. 154 of 2014 ( HDF 154 of 2014 ) be and the same is allowed on contest as against the o.p. no. 1 with costs and dismissed ex parte without costs against the rest.
The O.P. no. 1 be directed to refund the outstanding amount of Rs. 6 lakhs to the complainant within 60 days from the date of this order together at the rate of Rs. 9 per cent per annum since November, 2011 till full satisfaction.
The o.p. no. 1 do further pay a sum of Rs. 50,000/- ( Rupees fifty thousand ) to the complainant as compensation for causing mental pain and prolonged harassment and Rs. 3,000/- as litigation costs within the period as mentioned above, failing the total sum shall carry interest at the rate of Rs. 12 per cent per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
