Complainants’ case in short is that OP 1 is the director of M/s Dharitri Infraventure Pvt. Ltd. OP 2 and OP 3 are the promoters and developers.

The complainants in the year 2018 at the material point of time came to know that a construction work of the concerned project was going on by the OPs at Rajarhat, Bhagawanpur, North 24 pgs, under the name and style UNIVERSIA. Complainants being interested contacted with the OPs with a view to purchase one flat/residential unit. After discussion with the official /representative of the OP 1 complainants became agreed to purchase one residential apartment measuring about 350sq.ft., one BHK, 1^st floor, Tower-1, Flat no.-A at a total consideration money of Rs.7,87,500/-only. Thereafter complainants submitted one application form as per requirement and accordingly on OPs behalf formal allotment paper in respect of a flat in favour of the complainants was issued on 13.01.2018 upon payment of Rs.50,000/-only by the complainants as earnest money though a cheque dated 13.01.2018 and on 13.02.2018 complainants made another payment of Rs.1,26,400/-only in favour of the OPs towards earnest money/booking money through cheque and the same was duly acknowledged by the OPs by issuing proper money receipt. Subsequently complainants when visited the site of construction work of the project namely “Dharitri Icon” found that said project had not been started. Thereafter complainants went to the office of the OPs and on asking of the complainants OPs have failed to show any satisfactory reason.

Complainants paid Rs.1, 76,000/-only but thereafter complainants had stopped to make any further payment in favour of the OPs as per the payment schedule as the OPs have failed to start the constructional work of the project including the flat in question of the complainants. Further case of the complainants is that after passing of two years from allotment it was really utter surprise to the complainants that the developers have not started the construction work. Even OPs have not handed over the peaceful khas possession of the flat in question in favour of the complainants nor completed the said flat in any respect. Complainants allege that by way of doing such illegal and negligent acts the OPs have harassed the complainants physically and mentally in various ways and threatened the complainants with a dire consequences.

Complainants further state that OPs did not take any initiative/positive steps regarding the registration of the flat in question in favour of the complainants nor bothered to make any reply against the bona fide questions of the complainants.

Complainants state also that it is a gross negligence on the part of the OPs in not rendering service to the customers like complainants and which is highly deficient in nature.

Ultimately complainants have instituted this case and have prayed for following reliefs:-

1. Direction upon the OPs to execute and register the deed of conveyance in respect of the flat in question to the complainants after handing over the possession of the same morefully has been described in schedule of the petition of complaint, failing which the deed of conveyance may be registered through this Commission.

In alternative OPs should be directed to refund of entire paid consideration money of Rs.1, 76,000/-only with statutory interest thereon in favour of the complainants.

2. Direction upon the OPs to complete the incomplete works of the construction in respect of schedule flat.
3. Direction upon the OPs to pay jointly/severally a sum of Rs.1,00,000/-only to the complainants towards compensation for harassment, mental agony and negligent act including deficiency in service on the part of OPs.
4. Direction upon the OPs jointly/severally to take completion certificate regarding the said project including all flats as per sanction plan from local municipal authority.
5. An order/direction upon all OPs to pay jointly or severally the entire tax and rent in respect of the project till the date of receiving completion certificate from local municipal authority.
6. Direction upon the OPs to pay cost of proceedings.

The OPs did not appear and contest the case resulting which the instant case has been proceeded ex parte against the OPs.

                                            POINTS FOR DECISION

                 Are the complainants entitled to get relief/reliefs as prayed for?

                                            DECISION WITH REASONS

To prove the case complainants have tendered their written examination in chief supported by an affidavit and they have also filed photocopies of documents of all relevant papers in support of their case.

This Commission has gone through the said evidence of the complainants and the documents filed by them.

It appears that in their evidence complainants have fully corroborated their case as appearing in the petition of complaint and the documents filed by them also lend support to the case of the complainants. So, in view of the said evidence of the complainants and the documents filed by them, remaining un-challenged, it is held that the complainants’ case is proved and they are entitled to have the reliefs as prayed for.

Hence, it is,

                                                              Ordered

that instant case be and the same is allowed on ex parte against OP 1, OP 2 and OP 3 with cost.

OP 1, OP 2 and OP 3 are directed jointly/severally to execute and register the deed of conveyance in respect of flat in question of the complainants after handing over the possession of the said flat within 2 months from the date of this order, failing which the deed of conveyance be registered through this Commission after 2 months thereafter, if complainants make prayer to that effect in execution.

Alternatively, OPs are directed jointly/severally to refund the amount of Rs.1, 76,000/-only to the complainants with interest @8%p.a. with effect from 13.02.2018 till realization of entire amount. OPs are directed to pay the entire amount within 2 months from the date of this order.

OPs are further directed jointly or severally to pay Rs.25,000/-only towards compensation to the complainants for causing harassment, mental agony and for negligent act and deficiency in service of them (OPs) within 2 months from the date of this order.

OPs are also directed to pay Rs.10, 000/-only to the complainants towards litigation cost within 2 months from the date of this order.

Let plain copy of this order be given to the parties.

Dictated and Corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT