Ld. Advocate(s)
For Complainant: Rajdeep Majumder
For OP/OPs : None
Date of filing of the case :03.08.2022
Date of Disposal of the case : 27.06.2023
(2)
Final Order / Judgment dtd.27.06.2023
Complainant above named filed the present complaint u/s 35 of Consumer Protection Act, 2019 against the aforesaid opposite party praying for order directing the OP to complete all the pending construction work of the flat or to pay the amount of Rs.19,02,239/- along with interest at the rate of 18% per annum from the date of receiving the amount, compensation amounting to Rs.5,00,000/-and other reliefs.
He alleged that one agreement took place in between complainant and OP on 10.10.2014 and as per the said agreement OP was agreed to hand over the flat within 30 months from the said date. In terms of the said agreement complainant paid sum of Rs.19,02,239/- in favour of the OP on different dates out of settled amount of Rs.21,47,850/-. But OP not yet completed the construction work nor handed over the flat in favour of the complainant. Hence the complainant filed this case.
As per order no.4 dated 11.10.2022 case is running ex-parte against the OP.
Trial
During trial complainant filed affidavit in chief on 07.02.2023.
Documents
Complainant produced the following documents viz :
- Original agreement dated 10.10.2014.......(One set)
- Original Money Receipt........(Fourteen sheets)
- Original Payment reminder dated 28.10.2014.......(One sheet)
- Original Postal Receipt........(One sheet)
- Original Advocate’s letter..........(Three sheets)
- Original Power of Attorney ..........(Two sets)
Brief Notes of Argument
Complainant filed BNA.
(3)
Decision with Reasons
We have carefully gone through the petition of complaint, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have carefully considered the same.
On perusal of original agreement, we find that complainant and OP are the parties of the said agreement. As per the said agreement complainant was agreed to purchase one flat measuring 1161 Sq. ft. with the value of Rs.21,47,850/-.
On careful perusal of 14 money receipts, we find that complainant paid Rs.19,02,239/- out of Rs.21,47,850/-.
Complainant stated in his affidavit in chief that OP was agreed to complete the flat within 30 months and will hand over the same in favour of the complainant but OP not yet completed the construction work nor handed over the same in favour of the complainant.
On perusal of Advocate’s notice dated 07.10.2021, we find that Ld. Advocate for the complainant through the said notice directed the OP for execution of registered deed for sale after receiving the balance amount and to give delivery of possession in new condition in favour of the complainant within 30 days from the date of receipt of the notice but we find that complainant stated in his affidavit in chief that as per the said notice OP not yet completed the flat nor handed over the same in favour of the complainant.
On perusal of power of attorney dated 28.07.2022, we find that complainant Bharati Sarkar authorised his son Sugat Sarkar to file the case on her behalf.
On perusal of another power of attorney dated 28.07.2022, we find that complainant Bharati Sarkar executed power of attorney in favour of her son Sugat Sarkar.
From the aforesaid discussion, it is clear before us that complainant has able to established that he paid Rs.19,02,239/- out of Rs.21,47,850/- in favour of the OP. But OP not yet completed the said flat nor handed over the same in favour of the complainant nor executed the sale deed in respect of the aforesaid flat in favour of the complainant.
On careful perusal of documents on record, we find that complainant is the consumer and OP is the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has established his grievance by sufficient documents against the OP and he is entitled to relief as per his prayer.
(4)
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.5,000/- to be paid by OP in favour of the complainant.
OP is directed to complete the construction work of the aforesaid building within three months from this date and handed over the flat in favour of the complainant after taking the balance amount and execute the sale deed in favour of the complainant or OP is directed to refund Rs.19,02,239/- in favour of the complainant along with interest at the rate of 10% from the date of receipt of amount within to till the date of actual payment preferably within three months form this date failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay Rs.1,00,000/- (Rupee One lakh) as compensation in favour of the complainant for his harassment, suffering, mental pain and agony.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
