District Consumer Disputes Redressal Forum 

NORTH 24 Pgs., BARASAT.

C.C. No. 306/2018

Date of Filing              Date of Admission                        Date of Disposal

30.07.2018                  08.08.2018                                24.02.2022

Complainant/s :- Sri Nirmal Kumar Mondal, S/o. Harisadhan Mondal,

                             Vill and P.O. Sripur, Kamarpukur, P.S. Goghat,

                             Dist- Hooghly, Pin- 712612.

=Vs=

O.P/s :-                 1. The Chairman, West Bengal Housing Board,

                             1, K.S.Roy Road, New secretariat Building, Kol-700064.

                             2. The Managing Director, West Bengal Shelter Housing

                             Development Ltd, CB-63, Sector-1, Salt Lake City,

                             Kolkata-700064.

P R E S E N T  :-  Shri Debasis Mukhopadhyay………..…..President.

                        ::-Smt. Monisha Shaw ………………… Member.

                        :- Sri Susmit rishikesh Bhattachariya…Member

Judgment

This is a consumer complaint under section 12 of the C.P.Act, 1986.

The case of the complainant in brief is as follows:-

The complainant entered into agreement with the O.P- West Bengal Shelter Housing Development Ltd to purchase flat as described in the schedule of complaint. The price of the apartment/ flat was fixed at Rs. 14,99,780/- and towards the cost of one covered car parking space at Rs.2,50,000/- total Rs. 17,49,780/- excluding additional service tax on the value of the flat and also from the value of car parking space. The complainant paid application money allotment and first instalment with service tax amounting to Rs.7,98,857/- to the O.P.No. 2. The last payment was made by the complainant on 09.05.2014. But the O.P failed to provide the said flat within the specified period. The O.P. No.2 also did not construct the said project nor refunded the amount paid by the complainant as per terms and conditions. The complainant visited the office of the O.P. No.2 time and again, but the O.P. No.2 did not take any steps either to allot the flat or to refund the paid amount. Hence the complainant filed this case before this commission praying for a direction to the O.Ps to hand over the possession of suit flat along with the completion certificate or alternatively refund the amount of Rs. 7,98,857/- and also for compensation of Rs. 80,000/- and Rs. 1,50,000/- and litigation cost of Rs. 8,000/- and other reliefs.

The O.P. No.2 appeared to contest the case by filing written version. The O.Ps contended that they were getting obstruction of work from syndicate and because of this force majeure clause they are not in a position to complete the

Contd/-2

C.C. No. 306/2018

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project and deliver the flat in favour of the complainant. They also contended that they had no bad intention and therefore they are not liable to pay any compensation or cost and they are bound by the clauses of the agreement.

From the contentions of the parties it is found that main consideration in this case whether the complainant is entitled to get the relief as prayed or not.

The Ld. Advocate for the complainant submitted that as the O.P failed to abide by the terms and conditions of the agreement and failed to deliver the apartment / flat within time they are liable to refund the amount already paid by the complainant with interest, cost and compensation.

The Ld. Advocate for the O.P. No.2 submitted that since the O.P. No.2 could not complete the project for reasons beyond their control they are not liable to pay any cost or compensation and as per terms and conditions of the agreement liable to pay only savings bank interest for refund of the amount.

We have considered the contentions of the complaint, the written version, evidence of the parties and the documents filed and also the submissions of the Ld. Advocate of both sides. It is found that there is no dispute that the O.P. No.2 received the amount of Rs. 7,98,857/-. It is also not disputed that the O.P could not deliver the apartment/ flat within the time specified in the agreement. There is also no chance of completion of the project as contended by the O.P. No.2 because of the reasons beyond their control. Therefore, as per terms and conditions of the agreement the O.P. No.2 is absolutely liable to refund the amount of Rs. 7,98,857/- taken by O.P. No.2 from the complainant. The O.P. No.2 is also liable to pay interest on this amount at the rate of 6% p.a from the date of last payment i.e. from  09.05.2014.

Therefore we find that the complainant has proved his case by sufficient evidence and in the result the case succeeds on contest as against the O.P. No.2 and exparte against O.P. No.1.

          Hence

                     Ordered,

                                   that the case being No. 306/2018 is allowed on contest against the O.P. No.2 and exparte against the O.P. No.1.

          The O.P. No.2 Managing Director, West Bengal Shelter Housing Development is directed to refund Rs. 7,98,857/- along with 6% interest p.a. from 09.05.2014 till realization to the complainant within 2 months from this date of judgment.

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C.C. No. 306/2018

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          O.P. No.2 is also to pay Rs. 5,000/- as litigation cost and Rs. 50,000/- as compensation to the complainant within 2 months from the date of this judgment. In default of payment of the decretal sum by the O.P. No.2 the complainant is at liberty to execute the decree according to law.

            Let plain copy of this order be given to the parties free of cost as per CPR, 2005.     

Dictated and corrected by me.

President

Member                            Member                               President