| Complaint Case No. CC/67/2021 | | ( Date of Filing : 08 Mar 2021 ) |
| | | | 1. Sri Debasish Mukherjee, S/O- Timir Baran Mukherjee | | 8 Bankpara, Talbagan, PO- Nona Chandan Pukur, PS- Titagarh, Barrackpore, Kol-122 |
| ...........Complainant(s) | |
| Versus | | 1. The Director, Evanie Infrastructure Pvt. Ltd. | | 86, Golaghata, VIP Road, Ganga Appartment, 2nd Floor, PO- Pati Pukur, PS-Lake Town, Kol-48 | | 2. Sri Avijit Dey | | 86, Golaghata, VIP Road, Ganga Appartment, 2nd Floor, PO- Pati Pukur, PS- Lake Town, Kol-48 | | 3. Sri Goutam Kumar Sahoo | | 86, Golaghata, VIP Road, Ganga Appartment, 2nd Floor, PO- Pati Pukur, PS- Lake Town, Kol-48 | | 4. Sri S.K. Patra authorized signatory of Evanie Infrastructure Pvt. Ltd. | | 86, Golaghata, VIP Road, Ganga Appartment, 2nd Floor, PO- Pati Pukur, PS- Lake Town, Kol-48 |
| ............Opp.Party(s) |
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| Final Order / Judgement | DIST. CONSUMER DISPUTES REDRESAL COMMISSION NORTH 24 Pgs., BARASAT. C.C. No. 67/2021 Date of Filing: Date of Admission: Date of Disposal: 08.3.2021 24.03.2021 23.05.2022 Complainant/s:- | SRI DEBASISH MUKHERJEE, S/o Timir Baran Mukherjee, residing at 8 bankpara, Talbagan, P.O. Nona Chandan Pukur, P.S. Titagarh, Barrackpore, Kolkata – 122 = Vs. = | Opposite Party/s:- | - EVANIE INRASTRUCTURE PVT. LTD., Registered office at 86, Golaghata, VIP Road, Ganga Apartment, 2nd Floor, P.O. – Pati Pukur, P.S. Lake Town, Kolkata – 48
- SRI AVIJIT DEY at 86, Golaghata, VIP Road, Ganga Apartment, 2nd Floor, P.O. – Pati Pukur, P.S. Lake Town, Kolkata – 48
- SRI GOUTAM KUMAR SAHOO of 86, Golaghata, VIP Road, Ganga Apartment, 2nd Floor, P.O. – Pati Pukur, P.S. Lake Town, Kolkata – 48
- SRI S. K. PATRA, authorized signatory (EVANIE INRASTRUCTURE PVT. LTD) of 86, Golaghata, VIP Road, Ganga Apartment, 2nd Floor, P.O. – Pati Pukur, P.S. Lake Town, Kolkata – 48
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P R E S E N T :- Shri Debasis Mukhopadhyay…………President. :- Smt. Monisha Shaw …………………. Member. JUDGMENT/FINAL ORDER The Complainant stated that the Complainant on 14/09/2017 paid Rs. 2 lakh to the Opposite Parties and along with Rs. 40,000/- for application amount the Opposite Parties executed an agreement for sale that the petitioner and on 14/09/2017 the Opposite Parties issued a money receipt in favour of the petitioner for purchasing one residential flat 2 BHK that car parking was fully described in the ‘A’ scheduled of the complaint. The total value of the flat and car parking area was Rs. 18 lakh and on 02/07/2018 the petitioner paid Rs. 15,000/- through bank transfer and Rs. 5,000/- in cash to the O.P. / Company and the Brother – in – Law of the Complainant requested to the O.P. / Company to transfer / adjust is booking amount of Rs. 20,000/- to this petitioners flat and ultimately this petitioner paid Rs. 2,40,000/- to the O.P. / Company. The O.Ps assured the petitioner that they will hand over the flat and car parking within 1 year from the booking but the construction work was stopped and after booking the flat the O.Ps never started the construction work then the Complainant requested the O.P. to refund earnest money but the O.Ps did not do anything. The Complainant on 03/07/2019 sending letter to the O.Ps to refund the earnest money and on 29/07/2019 the O.P. No. 4 send a letter to the petitioner and accepted the proposal of the Complainant and the O.Ps assured the Complainant that they would refund the amount of Rs. 2,40,000/- through bank transfer but specifically failed and neglected to refund the money inspite of several request and demand by the Complainant. Hence, the Complainants file this case praying for a direction to the Opposite Parties to refund the amount of Rs. 2,40,000/- with interest, compensation and damages and cost. The Opposite Parties did not appear to contest the case inspite of service of summons and hence the case was heard ex-parte. Contd. To Page No. 2 . . . ./ : : 2 : : C.C. No. 67/2021 The Ld. Advocate for the Complainants submitted that the Opposite Parties did not feel their obligation as per agreement to hand over the flat that was booked by the Complainants and the Opposite Parties failed and neglected to refund amount of Rs. 2,40,000/- paid by the Complainants and therefore the Opposite Parties should refund the amount along with interest, cost of compensation he prayed for a decree in favour of the Complainants. Hence, It is Ordered, The case is allowed ex-parte against the Opposite Parties without cost. Opposite Party are directed to refund the amount of Rs. 2,40,000/- to the Complainants along with interest there on @ 6% p.a. from 14/09/2017 till payment of the same failing which Complainant is to execute the decree according to law. Let plain copy of this order be given to the parties free of cost. Dictated & Corrected by me President Member President | |
