DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.280/2018
Date of Filing: Date of Admission: Date of Disposal:
11.07.2018 16.07.2018 30.03.2023
Complainant/s:- | RANU KARMAKAR, W/o Anupam Das, residing at United Tower, Flat No. 4C, Fourth Floor, 10/6, East Mall Road, Kolkata – 700080, P.S. – Dum Dum. = Vs = |
Opposite Party/s:- | - THE DIRECTOR, NEST WOOD ESTATE PVT. LTD. of 306, 3rd floor, PS-IXL-Block-A, Salt Lake City, Atghara, New Town, Kolkata – 700136, District – North 24 Parganas.
- KAUSHIK DAS, Director of C-21 Realty,
Corporate Office:- 32-S, Block – B, P.S. New Alipore, Kolkata – 700053 and Director of Skywood Developers Pvt. Ltd. Office at 2/1, Siddinath Chatterjee Road, Ground Floor, menton Behala, Kolkata – 700034, P.S. – Behala. Residing at Amtola Housing Complex, Amtola N.D.Road, P.O. – Kanyanagar, P.S. – Bishnupur, South 24 Parganas, Pin – 743398. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant u/s 12(a) of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.
The Complainant stated that the Complainant resides at United Tower, Flat No. 4C, 4th Floor, 10/6 East Mall Road, Kolkata – 700080 and the O.P. No. 1 has been running proprietorship business under the name NESTWOOD ESTATE PVT. LTD. having its office at 306, 3rd floor, P.S. – IXL, Block –A, Atghara New Town, Salt Lake City, District – North 24 Parganas, Kolkata – 700136 and O.P. No. 2 is a marketing partner of the O.P. No. 1. Opposite Parties are developing the land and the Complainant wanted to purchase a flat in the said multi-storied building / project of the Opposite Party mentioned in the schedule below and entered into an agreement with Opposite Parties on 27/06/2014 to purchase a flat in the said project “NESTWOOD MAPLE” being Apartment No. C3 on 3rd floor in Tower No. T-34, South-West facing, measuring about 481 sq.ft. more or less including proportionate impartibly and undivided share of land or common right to common areas or service area and common portion in the said building and premises lying and situated at New Town for construction of Rs. 8,89,850/- only out of which Rs. 1,83,500/- only was paid by
Contd. To Page No. 2 . . . ./
: : 2 : :
C.C. No.280/2018
the Complainant as part consideration amount as earnest money by way of several cheques being no. 337553, 337554 and 337555 of Rs. 1,00,000/- + Rs. 10,000/- + Rs. 73,500/- (i.e. total Rs. 1,83,500/-) on 27/06/2014, 24/08/2014 respectively from her Savings account being no. 10150677510 by issuing receipt against payment made by the Complainant and the Opposite Parties agreed to deliver possession to execute and register the proper deed in respect of the said flat in favour of the said Complainant within 03 years from this agreement dated 27/06/2014.
The Complainant further stated that on several occasion she requested the Opposite Parties to inform their part of agreement.
SCHEDULE OF PROPERTY
All that piece and parcel of Flat being no. C3 on the 3rd floor in tower no. T34 South-West facing with super built-up area 481 sq.ft. with proportionate share of land of the multistoried being / project “NESTWOOD MAPLE” of New Town which is situated of Mouza – Oyari, J.L. No. – 26, Touzi No. 173, R.S. Khatian No. 760/1, 339, 994, 309, 830, 828, 628, 995, 557, 80, 579, 35 & 943, R.S. Dag No. 385, 109, 111, 113, 367, 380, 319/985, 386, 110, 389, 117, 387, P.S.- Bhangore, within the limit of Benota – II Gram Panchayet.
Prayer of the Complainants:-
- An order for directing all Opposite Parties jointly or severally to deliver possession as per agreement and to execute and register the deed of conveyance in respect of the subject flat of the Complainant morefully and specifically described in the schedule below in favour of the Complainant.
OR
- In alternative, an order for directing all Opposite Parties jointly or severally to refund the earnest money / part consideration money i.e. of Rs. 1,83,500/- with appropriate rate of interest in respect of the said flat of the Complainant and compensation contextually.
- An order for directing all Opposite Parties jointly or severally to pay Rs. 5,00,000/- to the Complainant as compensation on account of mental agony, pain, anxiety and unnecessary harassment.
- An order for directing all Opposite Parties jointly or severally to obtain the Completion Certificate with regard to multi-storied building all facts as per sanctioned flat from the competent authority and to hand over the same to the Complainant.
- An order for directing all Opposite Parties jointly or severally to pay a sum of Rs. 50,000/- to the Complainants as litigation cost.
- Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
- Any other relief / reliefs.
Contd. To Page No. 3 . . . ./
: : 3 : :
C.C. No.280/2018
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid an amount of Rs. 1,83,500/- as part consideration amount as earnest money by way of several cheques out of total consideration of Rs. 8,89,850/-.
Here the status of the OPs are service provider and the Complainant being a customer of the OPs so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
The Complainant residing at United Tower, Flat No. 4C, Fourth Floor, 10/6, East Mall Road, Kolkata – 700080, P.S. – Dum Dum. and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt which was provided by the O.P members with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 1,83,500/- on different dates. As the O.Ps did not hand over the possession of the flat after receiving the balance consideration amount, so the Complainant wanted to return her booked amount which was paid to the O.Ps. Since the O.Ps did not refund the amount to the Complainant, as such there is deficiency in service on part of the O.Ps.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and she is also entitled to get other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees paid by the Complainant.
Contd. To Page No. 4 . . . ./
: : 4 : :
C.C. No.280/2018
Hence,
It is ordered,
That the case being no. C.C./280/2018 be and the same is allowed ex-parte against the O.Ps with cost of Rs. 10,000/-
The O.Ps are directed to refund the booking amount of Rs. 1,83,500/- along with 6% interest within 03 (three) months from this date of delivery of judgment.
The Complainant do get a further decree of Rs. 5,000/- as litigation cost within 03 (three) months from this date, failing which the Complainant may take steps according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
