West Bengal

Kolkata Unit-IV

CC/67/2022

SMT. NIVEDITA DAS - Complainant(s)

Versus

SUNRISE REALDEV PRIVATE LIMITED AND OTHERS - Opp.Party(s)

SUBHANKAR BHATTACHARYA

15 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

Sealdah Court Room No. 302 and 309

1,Beliaghata Road, Kolkata-14

 

Complaint Case No. CC/67/2022

( Date of Filing : 13 May 2022 )

 

1. SMT. NIVEDITA DAS

W/O SRI SUBIR DAS, RESIDING AT 42/114,EAST END PARK,P.O.-TILJALA,P.S.-KASBA,KOLKATA-700039

WB

...........Complainant(s)

  

Versus

 

1. SUNRISE REALDEV PRIVATE LIMITED AND OTHERS

A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT P-74,NANIGOPAL ROY CHOWDHURY AVENUE,C.I.T. ROAD,KOLKATA-700014,P.S.-ENTALLY

WB

2. SRI. SOUREN GHOSH

THE DIRECTOR OF SUNRISE REALDEV PRIVATE LIMITED COMPANY HAVING REGISTERED OFFICE AT P-74,NANIGOPAL ROY CHOWDHURY AVENUE,C.I.T. ROAD,KOLKATA-700014,P.S.-ENTALLY

WB

3. SRI. MITHUN CHAKRABORTY,THE DIRECTOR OF SUNRISE REALDEV PRIVATE LIMITED COMPANY

HAVING REGISTERED OFFICE AT P-74,NANIGOPAL ROY CHOWDHURY AVENUE,C.I.T. ROAD,KOLKATA-700014,P.S.-ENTALLY AND RESIDING AT 39A,TALTALA LIBRARY RAW,P.O.-TALTALA,P.S.-TALTALA,KOLKATA-700014

WB

............Opp.Party(s)

BEFORE:

 

 

HON'BLE MR. SUDIP NIYOGI                PRESIDENT

 

HON'BLE MR. AYAN SINHA                      MEMBER

PRESENT:

Dated : 15 Jun 2023

 Judgement

 

HON’BLE MR. SUDIP NIYOGI      PRESIDENT

 

FACTS

 

            Briefly stated, the fact of the complaint case is that complainant had entered into an agreement dated 19/11/2013 with the Opposite Parties in order to buy a piece of Shali land measuring about 3600 sq. ft more or less in scheme Plot Nos. 104 & 129 lying and situated at Mouza- Ramkantapur, J.L No. 117, Khatian No. 138/1 appertaining to Dag No. 439 under P.S- Bishnupur, District- South 24 Parganas at a consideration of Rs.14,75,000/-. Complainant had booked that plot of land from Opposite Party No. 1 by paying Rs.4,42,500/- as advance by two installments and letter of allotment was issued on 23/11/2013 in her favour. Thereafter, complainant also paid further Rs.3,04,479/- by installment.

            Complainant alleged that Opposite Parties intimated her through Email on 07/08/2018 that they had decided to shift her allotted scheduled plot Nos. 104 & 129 in South City Metro Link Abasan, Phase- II to different plots No. 21 & 22 at South City Metro Link Abasan, ONGC Road and asked her to make further payment of Rs.8,19,108/-. Complainant immediately turned down that proposal. Subsequently, complainant alleged that she personally visited the project several times and found no development work was started. So, she issued a demand notice dated 10/01/2020 to the Opposite Parties through her Advocate demanding the paid consideration of Rs.7,46,979/- in all, along with interest.

            Ultimately, complainant filed this case seeking several reliefs against the Opposite Parties such as, refund of the consideration paid along with interest from the date of last payment i.e. on 08/05/2020, compensation and cost of litigation.

            Opposite Parties appeared and filed written version denying the allegations of the complainant.

            So, the point for consideration is whether the complainant is entitled to get relief(s) as prayed for in this case.

FINDINGS

            We have gone through the evidence of the complainant and also the documents filed on her behalf in this case. Opposite Parties did not file any evidence on affidavit. No brief notes of argument were filed also by them. Amongst the documents filed by the complainant, we find agreement for sale dated 19/11/2013 between the Opposite Parties and the complainant where the complainant had agreed to buy the scheduled plot of land to be developed by the Opposite Parties, one letter of allotment dated 23/11/2013 in the name of the complainant in respect of the said two plots as noted in the agreement for sale, several acknowledgement receipts showing payment made by the complainant from time to time to the Opposite Parties and another communication dated 07/08/2018 made by the Opposite Parties addressed to the complainant informing her of shifting of her plots to two new plots. This apart, one demand notice was issued by the complainant through her Advocate to the Opposite Parties requesting for refund of the entire paid-up money along with interest.

            From all these documents, it has been quite clear that complainant paid, in total, Rs.7,46,979/- to the Opposite Parties towards the consideration of the said two plots. The main grievances which are found to be of the complainant are that the original plots which were allotted to her were not being given and instead, Opposite Parties wanted to give two other plots to her and complainant is not agreeable to the said shifting of plots and that no development work was made in the said projects/plots and that is why, she demanded refund of money through her Advocate.

So, on the basis of the materials on record, we find that the complainant has a veritable ground for coming to this Commission in order to get redressal of her grievances against the Opposite Parties.

It is pertinent to be noted that on 15/06/2023, complainant by filing an application informed that opposite parties paid Rs.25,000/- by way of a transfer to the complainant’s account on 16/05/2023. So, the complainant is entitled to get refund of the entire amount of Rs.7,46,979/- – Rs.25,000/- i.e. Rs.7,21,979/- along with simple interest @9% p.a. from the date of 10/01/2020 when complainant sent her Demand Notice to the opposite parties through her Advocate for refund of the money paid by her.  She is also entitled to Rs.5000/- towards cost of litigation.

Accordingly, it is

ORDERED

 

That the instant case be and the same is allowed on contest.

Opposite Parties are directed to pay Rs.7,21,979/- (Rupees Seven Lakhs Twenty-One Thousand Nine Hundred Seventy-Nine Only) along with simple interest @9% p.a. to the complainant from 10/01/2020 which is the date of Demand Notice for refund of the money paid to the opposite parties.

Opposite Parties are also to pay Rs.5000/- (Rupees Five Thousand Only) for cost of litigation to the complainant.

Opposite Parties are jointly or severally liable to comply with the aforesaid order within 45 days from the date of this order, failing which the entire amount as awarded shall carry interest @12% p.a. until realization in full.  If the aforesaid order is not complied with by the Opposite Parties within the stipulated time as stated, complainant shall be at liberty to proceed in accordance with law.

 

Dictated and corrected by me.

 

 

 

               President

 

[HON'BLE MR. SUDIP NIYOGI]

PRESIDENT

 

[HON'BLE MR. AYAN SINHA]

MEMBER

 

 

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