This complaint case has been filed u/s 35 of Consumer Protection Act, 2019 by the complainants Jayanta Roy and Shrabani Roy alleging deficiency in service on the part of the OP-Dharitri Infra Venture Pvt. Ltd.
Case of the complainants, in brief, is that being attracted by the advertisement of the development project of the OPs namely New Royal Enclave at New Town the complainants intended to book a 3 BHK flat and accordingly they paid Rs. 50,000/- towards the booking amount on 11/12/2018 after receiving which the OP issued the money receipt but the OPs did not execute any Agreement for Sale of the said flat and OPs assured the complainants to execute the same very soon as the drafting and preparation of Agreement for sale took a lot of time. Thereafter the complainants paid Rs. 5,00,000/- towards the 1st installment to the OPs on 09/09/2018 and the OP issued money receipt after receiving the same. It is stated in the petition of complaint that even after receiving the 1st installment OPs did not execute the Agreement for Sale and op assured that if complainants were not satisfied with the performance of the OPs then they would refund the entire advanced amount. Thereafter, the complainants kept regular check on the development progress of the OPs project work but after expiry of a considerable spell of time no development work was done. Complainants informed the said fact to the OPs and they also requested the OPs to execute the Agreement for Sale but OPs did nothing to that effect. It is further stated that finding no way complainants requested the OPs to cancel the booking of the complainants and refund the paid amount vide letter dated 18/07/2019. Subsequently the complainants filed a customer refund application before the OPs on 24/07/2019. Thereafter on several occasions complainants requested the OPs to refund the paid amount but OPs did not turn up. Finding no other alternative, the complainants file this case praying for direction upon the OPs to refund the paid amount of Rs. 5,50,000/- along with compensation of Rs. 5,00,000/- and cost of litigation of Rs. 50,000/-.
Notices were duly served upon the OPs. Inspite of service of notice none appears on behalf of them. Hence the case was fixed for ex party against the OPs.
In support of their case the complainants adduced evidence on affidavit.
In their evidence supported by affidavit, the complainants have fully corroborated their case of the petition of complaint. The documents filed by the complainants also support the case of the complainants in material particulars. From the money receipts issued by the OPs it appears that the complainants have deposited Rs.50,000/ and thereafter Rs. 5,00,000/- to the OPs. From the letter dated 18/07/2019 it appears that complainants requested the OPs to execute the Agreement for Sale and completion of development work.
So in view of the aforesaid documents filed by the complainants, remaining unchallenged, we are constrained to hold that the case of the complainants is proved and they are entitled to an order as prayed for.
Hence, it is, ordered that :-
the complaint case No.103/2021 is allowed ex party with cost against the OPs with cost.
OPs are jointly and severally directed to refund Rs. 5,50,000/- to the complainants. OPs are further directed to pay Rs. 20,000/-towards compensation and Rs. 10,000/- towards cost of litigation to the complainants.
All such payments shall be made within a month from this date of order, failing which the entire amount shall carry interest @ 12% p.a.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
