Date of filing: 15.06.2017 Date of disposal: 22.02.2018
Complainant: 1. Debasish Chhatait, S/o. Amar Chandra Chhatait, resident of 1A/1/18, Aurobindo Avenue, Durgapur, District: Burdwan, PIN – 713 204.
2. Reena Chhatait, W/o. Debasish Chhatait, resident of 1A/1/18, Aurobindo Avenue, Durgapur, District: Burdwan, PIN – 713 204.
Opposite Party: 1. The Director, M/s. Hahnemann Housing & Development (P) Ltd., Having its Branch Office at Durgapur, Sanjib Sarani, Aesby More, P.S. Durgapur, District: Burdwan, PIN – 713 213.
2. Hahnemann Housing & Development (P) Ltd., Represented by its Director, having its office at Sanjib Sarani, Aesby More, P.S. Durgapur, District: Burdwan, PIN – 713 213.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant(s): Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1&2: None (ex parte)
J U D G E M E N T
The case of the complainants is that an agreement was executed between the complainants with the Ops i.e. (1) The Directors, Hahnemann Housing & Development (P) Ltd., (2) Hahnemann Housing & Development (P) Ltd., represented by its Director having its office at Durgapur, Sanjib Sarani, Aesby More, PS: Durgapur, Dist: Burdwan, PIN – 713 213.
Opposite Parties wanted to sale plots of land by creating a project, namely, “Santiban-VI” in reasonable price along with basic structure and the complainants also wanted to purchase a plot of land with basic structure and for that they made a contract with the Ops at their office and after consultation they also came to learn that the Ops also wanted to sold plots of land at this project “Santiban-VI” at Rs. 2,25,000=00 and thereafter the complainants have agreed to purchase the said plot with basic structure from the Ops.
The complainants further came to know that the booking amount for the said plot was fixed at Rs. 45,000=00 and as such they have paid the said amount to the Ops on 22.12.2011 and the Ops also issued a certificate of booking on 22.12.2011 which was valid up to 22.11.2015. Thereafter an agreement for sale was executed in between the parties on 19.11.2012, though from the very beginning the Ops were reluctant to make any agreement for sale and issued a book of EMI as it was settled that remaining amount have to be paid by the complainants in 36 installments, though they have also paid Rs. 90,000=00 to the Ops on 21.8.2012.
Further case of the complainants is as per agreement they have to pay Rs. 2,25,000=00 by 36 installments and the Ops also endorsed the same in the EMI book of the complainants and it was also fixed that Ops are bound to complete all necessary works of the plot and hand over the same within three years from the date of execution of the agreement for sale and it was also mentioned in the said agreement that in case of withdrawal from the scheme after full payment, amount will be refunded in full along with interest.
The complainants have alleged that inspite of full payments the Ops failed to fulfill their parts and liabilities as well as failed to execute register deed of sale in favour of complainants and for that the complainants wants to withdraw booking form and further requested the Ops to refund this money which paid as per agreement and the Ops also agreed with the proposal of the complainants and asked them for submitting all original documents and as such the complainants also submitted all the original documents on 24.4.2015 and after receiving the said documents the Ops assured the complainants to refund the paid amount to the complainants but unfortunately failed to pay the said amount and as well as execute any deed of conveyance after completion of the work of the site as per agreement.
The complainants also alleged that they have requested the Ops several times after submitting the documents for refunding their money but the Ops did not pay any heed to the words of the complainants and also did not give any reply and for that the complainants compelled to file the present claim application before this Forum.
The complainants further submitted that they are bonafide consumer of the Ops and the Ops received full amount of Rs. 2,25,000=00 but failed to hand over the plot of land with basic structure as per agreement and also failed to refund the total amount as per demand of the complainants as per clause of agreement executed in between them.
The cause of action arose firstly on and from 18.11.2015. After filing the present application, the complainants sent proper notice to the Ops and the Ops also received the same but failed to appear and accordingly it is fixed for ex parte hearing.
Now points for consideration:
How far claimants able to prove that they are entitled to receive total payment i.e., Rs. 2, 25,000=00 along with other claims from the Ops?
Let us consider how far complainants have able to prove the same against the Ops.
Decision with reasons:
To prove the allegation against the Ops both the complainants have filed their evidence-in-chief through affidavit along with documents which are (i) Xerox copies of booking certificate dated 22.12.2011, (ii) Terms and Conditions, (iii) Hahnemann Housing and Development (P) Ltd., (iv) Agreement for sale, (v) A letter along with Xerox copy of AD Card which shows that Ops have received the same on 13.6.2016, (vi) Xerox copies of relevant pages of Bank Passbook money transaction between the complainants and the Ops during the period from 22.12.2011 to 02.06.2014.
The complainants booked to purchase a plot of land on 22.12.2011 on payment of booking amount Rs. 45,000=00 from the Ops and the Ops also issued a certificate vide B.F. No. 293805 on the same day for receiving the said amount of Rs. 45,000=00 which was valid up to 22.01.2015.
It further appears that complainants have also able to prove that an agreement was executed between them with the Ops under some terms and conditions and also able to prove that the Ops failed to fulfill the said terms and conditions either by executing deed of conveyance or by refund all money which received from the complainants.
It also appears that the complainants have also able to prove that Ops agreed to pay money and for that asked the complainants to produce original papers i.e. original sale agreement, original booking certificate, original EMI Book, original 1st booking counterpart and as such the complainants produced all the papers but the Ops are kept themselves mum regarding this.
After perusing all the documents as produced by the complainants it is clear to us that there is no dispute that the complainants have able to prove themselves as consumer and the Ops are failed to render service by obey the terms and conditions of argument. At the same time it is also clear from the attitude of both the Ops that they have received summons but not contested by filing written version.
Accordingly it is clear that there is no dispute that the complainants are able to prove that the Ops are liable for deficiency in service and unfair trade practice. So both the complainants are entitled to get back the money deposited to the account of the Ops and also entitled to get compensation towards deficiency in service, unfair trade practice, harassment and mental agony and also entitled to get litigation cost.
Hence, the complaint succeeds. Accordingly, it is
O r d e r e d
that the present Consumer Complaint being No. 95/2017 be and the same is allowed ex parte against the Ops with cost. The O.P. Nos. 1&2 are directed to pay Rs. 2, 25,000=00 either jointly or severally to the complainants along with interest @12% per annum from 18.11.2015 to till date of realization and the O.P. Nos. 1&2 are further directed to pay a sum of Rs. 30,000=00 as mental pain and harassment and Rs. 5,000=00 as litigation cost within 45 days from the date of passing of this order, in default, the complainants are at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
