In a bird’s eye view complaint case is that O.P. 1 is the Private Limited Company(developer)/promoter. O.Ps. 2 and 3 are Managing Directors of O.P. 1.
O.Ps. in the year 2016 intended to start a construction work of one project at New Town, Kolkata under the name and style “PRINCE TOWN PLATINUM”. Complainant after seeing the advertisement in Bengali newspaper namely “Bartaman” dated 17.07.2016 from the end of O.Ps., complainant for her own use and use of her family members being allured with such advertisement of O.Ps. came into contract with the O.Ps. and made all formalities by filing up the application form as per demand of O.Ps. for the purpose of booking of a flat (2BHK) (417 Sq.ft.) at the said project, complainant paid Rs. 1,50,000/- towards booking money of the said flat and total consideration amount was Rs. 8,29,830/- and O.ps. also offered a covered car parking space at a further consideration of Rs. 2,00,000/- and thereby total consideration price (flat + car parking space) comes to Rs. 10,29,830/- only. O.Ps. also assured complainant that agreement for sale/allotment letter would be executed very soon. Complainant waited for sometimes to get agreement for sale in respect of said flat including covered car parking space. O.Ps. did not show any interest in respect of said flat along with covered car parking space.
Subsequently, O.Ps. invited complainant through a letter for posting the Usashi Megawin Draw for allotment of the flats program on 10.08.2017 at 11:30 A.M. at Nazrul Mancha, Kolkata and complainant own the lottery arranged by the O.Ps.. Thereafter complainant waited for a long time to get the proper documents regarding the every details of the flat along with covered car parking space. Complainant also waited to get physical possession of the flat along with covered car parking space and for the purpose of execution and registration of said property relevant deed of conveyance.
Thereafter, complainant requested several times O.Ps. to complete the constructional works of the project including the flat in question unit along with covered car parking space of the complainant and to hand over the physical vacant possession of the same, but each and every occasion O.Ps. assured the complainant with false promises. Now, complainant alleges that O.Ps. deliberately have failed to start construction and to complete the constructional work of the said project. Thereafter, complainant decided to cancel her booking in respect of said flat in question including covered car parking space at the said project of the O.ps. and accordingly complainant went to the office of O.Ps. to cancel of the said booking. Complainant alleged that after her retirement she has been suffering from illness due to her old age. On 03.06.2019, complainant submitted one application before the O.ps. for cancellation of her booking and requested O.Ps. to refund the amount she paid. Thereafter about three months later more or less O.ps. further suggested complainant to submit one declaration and accordingly complainant submitted the same on 02.09.2019. It is alleged by the complainant that O.Ps. instigated complainant to get a refund of Rs. 1,43,541/- only out of Rs. 1,50,000/- and the balance amount will be forfeited as a cancellation charges. After submission of declaration by the complainant O.Ps. via Mail dated 06.11.2019 informed complainant that they would refund the amount of Rs. 1,43,541/- in parts/installments through NEFT in the schedule Bank Account between January, 2020 to March, 2020 but O.Ps. have failed to keep their promise.
Subsequently, complainant submitted another declaration form on 08.10.2021 and sent reminders on 20.01.2022 and 16.08.2022 respectively but O.Ps. have failed to make any payment/refund within the schedule period. Ultimately, complainant took shelter before this Commission by instituting the present case and has prayed for following reliefs :-
- An order directing O.Ps. jointly/severally to refund Rs. 1,50,000/- along with interest @ 12% from 18.12.2016 till realization.
- An order directing upon O.Ps. jointly/severally to pay Rs. 5,00,000/- as compensation for mental agony, physical harassment and financial loss in favour of the complainant.
- An order directing O.P. jointly/severally to make payment of Rs. 50,000/- to complainant towards litigation cost along with other reliefs as per law and equity which complainant may get.
Points of Decision
Is the complainant entitled to get reliefs as prayed for ?
Decision with reasons
To prove her case complainant has tendered her written examination in chief supported by evidence on affidavit and she has also filed photocopies of all relevant documents in support her case.
This Commission has gone through the said evidence of the complainant and documents filed by her.
It appears that in her evidence, complainant has fully corroborated her case as depicted in the petition of complaint and the documents filed by her also lend support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by her remaining unchallenged, it is held that the complainant case has been proved and she is entitled to get relies as sought for.
Hence, it is,
Ordered
that the instant case being No. CC/576/2022 is allowed ex-parte against the O.ps. with cost.
O.Ps. are hereby directed to pay jointly/severally Rs. 1,50,000/- to complainant with an interest @ 8% per annum with effect from 18.12.2016 till realization of full amount and O.Ps. are categorically directed to pay the entire dues within two months from the date of this order.
O.Ps. are directed to pay jointly/severally Rs. 30,000/- to complainant as compensation towards mental agony, physical harassment and financial loss within two months from the date of this order.
O.Ps. are also directed to pay jointly/severally to complainant Rs. 10,000/- towards litigation cost within two months from the date of this order.
Let plain copy of this order be supplied to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
