This is a complaint made by Khitish Chandra Roy, son of Late Pashupati Roy, residing at Bakultala, Nababgunj, P.O.-Nawabgunj, Ichapur-743144 against (1) the Managing Director, Bharat Naskar M/s Janapriyo Real Estate Pvt. Ltd., residing at Amgachia Pailan, Bishnupur, Kolkata-700 104 and (2) The Authority, M/s Janapriyo Real Estate Pvt. Ltd., registered office at 151/A, Jodhpur Garden, 2nd floor, P.S.-Lake, Kolkata-700 045, praying for order in favour of the Complainant for refund of Rs.5,86,752/- and for compensation to the tune of Rs.10,000/- and litigation cost of Rs.7,000/-
Facts in brief are that the OP is Janapriyo Real Estate Pvt. Ltd. and runs its office at 151/A, Jodhpur Garden, 2nd fl., P.S.-Lake, Kolkata-700 045. OP started development work in the project measuring of an area of l2736 sq.ft. at Shyamnagar, P.S.-Jagaddal, Dist.- North 24-Parganas. Complainant booked one flat in Kalyani City Enclave on condition to pay Rs.10,07,000/- as per agreement for sale dated 31.5.2013. Complainant paid Rs.5,30,000/- in advance and the balance was to be paid in 48 installments. Thereafter, Complainant paid Rs.39,752. Complainant paid this money to OP No.2. OPs demanded rest of the installments. Complainant found that project is not being developed. So, Complainant filed this case praying for refund of the money which he paid.
OP filed written version and denied all the allegations of the complaint. They have stated that the complaint is not maintainable, Complainant is not a consumer. They have further stated that Complainant failed to pay the rest installments and so OPs have no other alternative, but, to cancel the agreement as well as booking of flat No.52 and requested to collect the deposited amount after statutory deduction. OPs have admitted that Complainant paid Rs.5,69,752/. OPs prayed for dismissal of the complaint.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint. OP No.1 & 2 put questionnaire against the affidavit-in-chief filed by complainant to which Complainant answered. Similarly, OP filed evidence on affidavit against to which Complainant did not file any questionnaire. But Complainant has filed written argument.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for. In this regard, it appears from the written version that OPs have admitted that Complainant paid Rs.5,69,752/-. The prayer of Complainant is refund of money to the extent of Rs.5,86,752/-. Complainant has made out a case that he has paid Rs.5,30,000/- at the time of agreement. But, the figure which Complainant has mentioned in the prayer portion of the complaint does not tally by any reckoning with the receipts submitted by the Complainant.
So, in such circumstances, the contention of the written version has to be accepted that Complainant paid Rs.5,69,752/-. So, in all probability the Forum has to order refund of this money.
Hence,
ordered
CC/145/2016 and the same is allowed in part. OP is directed to refund Rs.5,69,752/- with interest of 10% from the date of filing of this case to the Complainant within two months of this order. In addition, OPs are directed to pay compensation of Rs.8,000/- and litigation cost of Rs.5,000/- within this period, in default the amount will carry interest @ 10% till realization. The liability of the OPs is joint and several.
