SAMIKSHA BHATTACHARYA, MEMBER

Today is fixed  for  passing necessary order.

The Complainants have filed the instant complaint U/S 47 read with 35 of C.P.Act, 2019 against the OPs alleging deficiency in service and prayed for  following reliefs:

1. “To recall and  discontinue with the Notice of cancelation of the allotment of complainant’s flat dated 16.06.2023 issued by the OP N. 3 in spite of receiving more than 80%  of the payment demanded by the builder and thereby attempting to unduly forfeit substantial sum of  already received from the complainants, not to repeat them in any manner whatsoever;
2. To recall and discontinue  with the instruction of OP No. 1 vide their letter dated 21.08.2023 invoking the tripartite agreement unduly holding complainants as unable to pay   the EMI to the OP No. 1 and not to repeat them in any manner whatsoever;
3. To pay compensation to the complainants for a sum of Rs.50,00,000/-  or any such sum as the Ld. Commission may deem fit and proper, for causing harassment and mental agony to the complainant, by adopting such unfair trade  practice by the opposite parties;
4. To pay cost of proceedings, Rs.50,000/- and
5. Any such further order or orders as this Hon’ble Forum may deem fit and proper in the interest of justice”.                                                                                                                                                                                                                                                                                                                                      Upon hearing the Ld. Advocate for the complainants and on perusal of the  entire materials on record it appears to us that the  total consideration of the flat along with the car parking space in question is Rs.2,71,53,603.65/- including allied charges  as per Annexure 1 with the  agreement for sale. In response to the application of the complainants and upon receipt of booking amount of Rs.26,16,082/- the OP No. 3  issued the allotment to the complainants in respect of the apartment being No. UTL032407  at Utalika Luxury Phase- 4.  Complainants themselves have annexed the document wherefrom it appears to us that they  have applied for home loan amounting to Rs.2,00,00,000/- (running page No. 54 Annexure – C of the complaint petition).

From the letter dated 21.08.2023 issued by OP No. 1 it appears to us that OP No. 1 requested to refund the total amount of Rs.1,59,03,851/- plus interest thereon including also any amount paid by the borrowers. This  letter was issued to  authrised signatories of   West Bengal Housing Board, Bengal Ambuja  & Housing Development  Ltd. And S.E. Builders and Realtors Ltd and  the copy of the same was forwarded to the complainants.

Though the complainants, in their petition, have mentioned that they have already paid 80% of the total consideration and, therefore, letter for cancellation of the flat and any harassment created by Bank Authority is illegal. But it is astonishing that complainants have not filed a single scrap of paper wherefrom it would be evident that complainants are paying the EMIs regularly.  The complainants  ought to have filed the Loan account statement in respect of loan in question for purchasing  the apartment in question. The complainants have neither filed Loan Agreement Towards purchasing the case flat nor filed any present loan repayment status.  In absence of any account  statement towards payment of regular EMIs by the complainants  along with “No Due Certificate” as  on date in respect of the loan in question, it is not clear that complainants have paid the amount diligently and in spite of the same, the OPs No. 3  has issued the notice of cancellation of complainants’ flat dated 16.06.2023 and OP No.1 has sent  their letter dated 21.08.2023 invoking the tripartite agreement.   No document shows that the complainants  have paid the EMIs regularly and diligently and in such situation the letter  dated 16.06.2023  issued by OP No. 3 and the letter dated 21.08.2023 issued by OP No.1 cannot be said that those are issued  arbitrarily and illegally. Therefore, we find no deficiency in service on  the part of OPs No. 1 & 3 to make out a prima facie case of the complainants.

In view of above, the present complaint is dismissed being not admitted.