DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No 189 of 2015
Date of filing: 28.8.2015 Date of disposal: 01.02.2016
Complainant: 1. Sri Rathin Kumar Ganguly, S/o. Late Nityagopal Ganguly.
2. Sri Rahul Ganguly, S/o. Sri Rathin Ganguly, both are residing at C/o. Dilip Ghatak, Gopalmath (mejedihi plot), Durgapur – 713 217, PS. & Sub Division: Durgapur, District: Burdwan.
-V E R S U S-
Opposite Party: 1. Subrata Sarkar, S/o. Late Saktipada Sarkar, i.e. the Director of Vibgyor Reality Developers Pvt. Ltd., A company registered under the Companies Act, 1956 having its registered office at 46D, Rafi Ahmad Kidwa Road, Kolkata – 700 016.
2. The Director, Rana Bhadra, B.K. Tower, 170/A, A.J.C. Bose Road, Near Bamboo Villa, Income Tax Office, Kolkata – 700 014.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant (s): Ld. Advocate, Sukumar Mondal.
Appeared for the Opposite Party (s): None.
J U D G E M E N T
This is a complaint u/S. 12 of the C.P. Act, 1986 with a prayer for an award of Rs. 1, 87,600=00, the refund of deposited amount, Rs. 7,504=00 for interest of the deposited amount, Rs. 25,000=00 as cost of physical strain and mental agony and Rs. 10,000=00 as litigation cost for non-delivery of a flat within the scheduled time.
The complaint in brief is that
The complainants had made a provisional booking by filling up an application form being no. 013283 dated 20.5.2012 in respect of A2-BHK Flat having super built up area of 634.653 sq. ft. on T2/2D on 2nd floor of the building in the property i.e. OP residential complex known as T2/2D of the 2nd floor. An agreement of sale was executed on 25.11.2013 to that effect.
In order to booking of the aforesaid residential flat, the complainants deposited an advance of Rs. 1,87,600=00 which was duly accepted by the OP vide receipt no. 133/138 dated 20.5.2012.
Thereafter it is seen that the authority of OP has not been performing as per terms & conditions of the agreement laid down in the agreement for sale and the OP is indifferent to do all the necessary duties, obligations for accomplishing the flat. The complainants were also informed his disability to complete the proposed construction of the flat. It is also seen by the complainants from the gesture and posture of the OP No. 1&2, they are not in a position to fulfill the terms & conditions of the agreement, and which provokes the complainants to decide not to proceed with the purchase procedure any further.
Accordingly, the complainants wished to cancel the booking of the aforesaid apartment and informed the OP-1 vide their letter dated 02.8.2014 and to have the refund the amount of money deposited for booking, i.e. Rs. 1,87,600=00.
After various correspondences verbally and in black and white made by the complainants with the Ops, it is observed by the complainants that the Ops are reluctant to refund the money (Rs. 1, 87,000=00) deposited for booking as well as to do anything for construction of the said flat.
That is why the complainants have compelled to file their complaint before this Ld. Forum. Hence arose the case as mentioned above.
The notice was duly served upon the OP-1&2. But both the OP No. 1&2 didn’t contest the case by submitting written version.
Hence the case heard ex parte.
Decision with reasons:-
During the hearing, the complainants brought notice to the Forum that not a single brick has been built for the construction of the aforesaid flat till date.
Perused all the documents like, money vouchers of the payment of money for executing the sale of agreement, i.e. Rs. 1, 87,600=00, deed of sale of agreement, cancellation of booking of the aforesaid flat submitted by the complainants in support of his complaint.
Heard the argument made by the complainants. The construction work of the said flat and also the other advance payers of the other flats of the said complex have not yet started and the gesture and posture of the Ops show the indifferent and lackadaisical attitude. So the court affirms the deficiency in service by the Ops in constructing the said flat. Hence the case is disposed of ex parte with cost.
Fees paid is correct.
Hence, it is O r d e r e d
that the complainants do get an award directing the Ops to refund Rs. 1,87,600=00, which was received as advanced money by them from the complainants for booking of the flat no. A2-BHK Flat situated at T2/2D on 2nd Floor, to the complainants along with an interest @10% per annum from 20.5.2012, the date of agreement of sale and to pay a further amount of Rs. 15,000=00 as compensation for harassment and mental agony and Rs. 3,000=00 as litigation cost within 45 days from the date of passing of this order, in default, the decreetal amount will carry interest @12% per annum for the default period and the complainants will be at liberty to put this award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
