DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 16  of   2023

 

Smt.  Nabanita Das,

W/O- Sri Himadri Deb,

Ward No. 11, Gobindapur,

(near Gobindapur S.B. School),

P.O. & P.S. Kailashahar, 

District- Unakoti,

Tripura, Pin- 799277. ..…............Complainant.

 

-VERSUS-

 

Sri Subhradeep Majumder,

Proprietor of “ Paradise Construction”

S/O- Sri Babul Kanti Majumder,

Kunjaban, Circuit House, 

P.O. - Kunjaban, P.S. NCC,

District- West Tripura- 799006. ...........Opposite Party.

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

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

 

 

 

 

ORDER  DELIVERED  ON:   17.02.2024.

F I N A L    O R D E R

1. This is filed U/S 35 of the Consumer Protection Act, 2019 by Smt. Nabanita Das of Kailashahar, Unakoti, Tripura against the O.P. namely Sri Subhradeep Majumder of Kunjaban, Circuit House, West Tripura alleging deficiency in service on the part of the O.P.

1.1 The case in short is that the complainant for purchasing a 2BHK flat at Mouja- Agartala Sheet, No.13, Teheshil- Agartala East at a consideration of Rs.30,00000/-  entered into an agreement dated 15, July, 2019 with the O.P. and advanced an amount of Rs.8,01,000/- in two strokes out of the total consideration. Thereafter the rest amount to be payable @ Rs.4,00,000/- before completion /handing over the flat to the complainant  in 5 phases.  

1.2 Since the complainant noticed that the construction was not completed she requested to refund the entire advanced amount against the booking of the flat which the O.P. agreed to pay and paid Rs. 1,60,000/- thereafter stopped payment of the balance quantum of money.

1.3 Several persuasions and requests were made to the O.P. for refund of the balance amount but the did not pay the rest amount of Rs.6,41,000/-.

1.4 Advocate's Notice also sent on 01.12.2022 but to no good. 

1.5 Hence, the complainant filed this case before this Commission for getting refund of the advanced amount of Rs.6,41,000/- along with 7% interest and compensation of Rs.1,20,000/-.

2. The O.P. appeared but ultimately failed to submit evidence inspite of repeated chance hence, vide order dated 20.01.2024 the case has been proceeding exparte against the O.P.

 

 

3. The complainant submitted evidence and documents like agreement with the O.P., money receipts. 

 

4. Hearing argument the following point is taken up for discussion and decision:-

 

5. The complainant has proved by submitting documents i.e., money receipt that she advanced Rs.8,01,000/- in 2 strokes out of the total amount of Rs.30,00,000/- for purchasing the flat from the O.P. the O.P. did not hand over the flat and on repeated persuasion refunded Rs.1,60,000/- to the complainant. The rest amount of Rs.6,41,000/- is still remaining with the O.P. The O.P. is guilty of deficiency in service and liable to pay the rest amount with interest and also liable to pay compensation.

 

6. In the result, considering the extent of negligent and nature of negligent we order that the O.P. shall refund the rest amount of Rs.6,41,000/- with interest @ 7.5% from 15.07.2019 i.e., the last stroke of payment of installment till the date of actual payment with compensation for a further sum of Rs.20,000/- which is inclusive of litigation cost.

7. The case stands disposed of.

8. Supply copy of this Final order free of cost to the  complainant and the O.P.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.