DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 100 of  2023

 

Smt. Chhanda Karmakar,

W/O- Late Haridhan Karmakar,

East Gokulpur, Near Agriculture office,

P.O. & P.S. - Radhakishorepur, Pin- 799120,

District- Gomati Tripura. .........Complainant.

 

-VERSUS-

 

1. Suchana Builders,

To be represented by its Managing Partners,

Dhaleswar Road No. 18,

Agartala, P.O. Dhaleswar, P.S. East Agartala,

District- West Tripura, Pin- 799007.

 

2. Sri Dhiraj Saha,

S/O- Sri Dhirendra Chandra Saha,

Dhaleswar Road No- 3, Agartala,

P.O. Dhaleswar, P.S. East Agartala,

District- West Tripura. Pin- 799007.

 

3. Sri Niranjan Podder,

S/O- Late Ratan Lal Podder,

Dhaleswar Road No. 18, Agartala, 

P.O. Dhaleswar, P.S. East Agartala,

District- West Tripura, Pin- 799007.  ......Opposite Parties.

 

 

________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  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.Ps : Exparte.

 

 

F I N A L    O R D E R

1. Chhanda Karmakar here-in-after called the “complainant” has filed this complaint that against the O.Ps alleging inter alia that the O.P. No.1 is the developer firm engaged in developing residential buildings and the O.P. No.2 and O.P. No.3 are its Managing Partners.

1.1 The complainant entered into an agreement with the O.Ps for purchasing a flat in the multi storied building to be built on 0.1508 acres of land appertaining to Khatian No- 2954 CS  Plot under Agartala Mouja, Tehshil- Agartala and consequently the complainant entered into Tripartite agreement executed on 28th March 2018 for purchasing one flat to be built on the land of original owner Sefali Deb(Datta), Debojyoti Deb and Debabrata Deb. In that agreement it was agreed that the G+4 residential complex would be constructed on the said land and the complainant will purchase one 2 BHK flat numbering SD on the 2nd floor measuring super built up area 750 sq. ft. without parking space from the Developer's share as described in the 3rd schedule of the agreement. 

1.2 The total consideration  money was 27 lakhs out of which Rs. 3 lakhs had to be paid on the day of execution of the agreement and the balance amount of Rs.24 lakhs to be paid within 24 months within the grace period of 3 additional months from the date of execution of the Sale Agreement in 5 installments in total. Accordingly the complainant paid Rs. 3 lakhs on the day of execution of the agreement dated 28th March, 2018. After that on 02.06.2019 the complainant paid Rs.2 lakhs  in cash for which money receipt  was issued by the O.P. No.2 and 3. Due to out break of Covid -19 pandemic construction was not possible to be completed within the stipulated period but after that the complainant time and again approached the O.Ps to complete the construction but in vain. Thereafter, the complainant requested the O.Ps to return his amount of Rs. 5 lakhs but the O.Ps did not pay any heed. Lastly the O.Ps promised to pay this amount of Rs.5 lakhs  on or before 19.10.2023 but till in vain. 

1.3 Hence, this case claiming compensation and return of Rs. 5 lakhs. 

 

2. The O.Ps appeared and on 10.04.2024 submitted written objection alleging inter alia that the O.Ps received only Rs.2 lakhs from the complainant and due to Covid – 19 pandemic the construction could not be completed in time. 

2.1 The complainant is a regular defaulter in payment of installment as per the agreement for which the complainant caused financial loss to the O.Ps. The O.Ps never promised to pay Rs.5 lakhs to the complainant as the O.Ps did never receive Rs.5 lakhs from the complainant and received only Rs.2 lakhs and prayed for dismissing the case.  

 

3. The complainant submitted evidence on affidavit  along with documents but after filing written objection on 10.04.2024 the O.Ps started not appearing before this tribunal as such from that stage vide order dated 06.08.2024 the case is proceeding exparte against the O.Ps.

 

4. According to the complainant on the date of execution of the agreement the complainant paid Rs. 3 lakhs as per agreement. It is mentioned in the agreement in page- 10 of the agreement that Rs.3 lakhs shall be paid on the day of execution of this Deed of Agreement and balance amount of Rs.24 lakhs shall be paid in 5 installments. The complainant has filed the money receipt issued by the O.P. No.2 and 3 dated 02.06.2019 by which a further sum of Rs.2 lakhs was paid. Therefore, we have no hesitation to believe the contention of the complainant that the complainant paid Rs. 5 lakhs in total without hesitation to disbelieve the plea of the O.P. that the O.Ps received Rs.2 lakhs only from the complainant. Therefore, we find that the O.Ps are guilty of huge deficiency in service by not completing the flat and handing over the same to the complainant and also by not returning the amount of Rs.5 lakhs to the complainant.

5. As such, we ordered that the O.Ps are jointly and severally liable to pay Rs.5 lakhs to the complainant with interest @ Rs.7.5% P.A. from 14.11.2023 i.e., the date of filing of this case till the date of actual payment. The O.Ps are jointly and severally liable to pay a further sum of Rs.3 lakhs to the complainant as compensation  as they have hugely cheated the complainant. No further cost etc. is hereby awarded.

6. The case stands disposed off.

7. Supply copy of this Final Order free of cost to the parties. 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.