DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. No. 128/2022
Date of Filing: Date of Admission: Date of Disposal:
05.05.2022 10.05.2022 16.02.2023
Complainant/s:- | - Mrs Priyanka Biswas, W/o. Mr. Achinta Saha.
- Mr. Achinta Saha, S/o. Mr. Alok Biswas both are
Residing at 1, Sitala Bari Road, Harisabha, Barrackpore, Pin-700122, W.B. -Vs- |
Opposite Party/s:- | - Unimark Realty Private Ltd, A company within the meaning of the Companies Act, having its regd. office at
204, A.J.C. Bose Road, P.S. Beniapukur, P.O. Kolkata-700017. Represented by its Directors and Site Office at - Unimark Realty Pvt. Ltd, 49/39, Jessore Road(East)
P.O. and P.S. Barasat, Dist- North 24 Parganas, Kolkata-700124. Represented by its directors. |
| |
P R E S E N T :- Smt. Sukla Sengupta…………………President
:- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
The complainant filed this case U/s. 35 of Consumer Protection Act read with Section 39 of the Consumer Protection Act, 2019 for gross negligence and deficiency of service and unfair trade practice.
The facts of the cases is as follows:-
The complainant filed this case against O.P. Nos. 1 and 2. Later complainant expunge O.P. No.2 by filing petition. O.P. No.2is the site office of O.P. No.1. Board of directors represented by O.P. No.1one construction company named –Unimark Realty Pvt. Ltd , situated at 49/39, Jessore Road (East, Kolkata-700124. One agreement for sale a flat was made between the parties on 14.04,2018. The project name was ‘Unimark Sports city’. As per said agreement for sale deed O.P was agreed to hand over theflat within 48 months from the date of execution of agreement. Developers convinced the complainants that O.P shall develop the project within stipulated period. O.P members agreed to purchase total 970 Sq.ft flat with balconey at 4th floor of Block-5 in project Unimark Sports City, Municipal holding No. 49/39 Jessore Road (East), Kolkata -700124, Ward No.1, within Barasat Municipality, P.s. Barasat, Dist- North 24 Parganas upon LR Dag No. 539, 539/1430, 544,553, 554 and Mouza-Siti which is mentioned in schedule ‘B’ of agreement for sale Deed.
The total consideration value was fixed for 27,66,180/-. The complainants already paid Rs. 16,84,651/- through Bank transfer. Even after elapse of 48 months the O.P is not yet make any progress of their project. The Project Manager of the O.P informed that O.Ps are not at all interested to go with the said project and O.Ps were reluctant to construct the project in further. The complainants requested with folded hand for deliver their flat but in vain. Compelling circumstances complainants send notices for refund his money and cancel the booking but in vain. Complainants lastly on 20.04.2022 earnestly requested to do needful and return the advanced receiving money of Rs. 16,84,651/- but the men and agent of the O.P behaved very rudely and refused to give anything. Compelling circumstances the complaint filed this case.
Issue of the framed for judgment
1.Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief / reliefs or not?
Contd/-2
C.C.No. 128/2022
:: 2 :;
Reasons of judgments
Considering the facts and circumstances as well as nature and character of the case all the points are interlinked with each other as such all the points are taken up together for consideration for sake of brevity and conveyance. The case is within territorial and pecuniary jurisdiction of this commission. Hence this commission has ample power to try this case.
On perusal of complaint supporting affidavit along with documents filed by the complainants it is revealed that the agreement for sale was made on 14.04.2018 between the parties for purchasing total 970 Sq.ft super built up flat along with balconies for a consideration amount of Rs. 27,66,180/. The complainants paid total Rs. 16,84,651/- to the O.Ps. The O.Ps are not yet start the project even after expiry of the agreed handed over period of flat. The O.Ps disagree to refund the advance money and also disagree deliver the flat. Though the progress for construction is not yet done by opposite parties.
An observation was made by Supreme Court (civil appeal No (s)3533-35-34 of 2017 dated 12.03.2018) that ‘ a person cannot be made to wait indefinitely for possession of flats allotted to them and they are entitled to seek refund of amount paid by them, along with compensation- deficiency in service on part of construction company.’
In this matter O.Ps not filed any written version even after receiving the notice. The non-filing of the written version to the complaint before DCDRC, amounts to an admission of the allegations leveled against opposite parties. The complainant cannot be wait for indefinite period.
The complainants prove the case as such they are entitled to get reliefs.
it is ordered
for the ends of justice
that the case being No. 128/2022 and the same is allowed exparte against the opposite parties.
It is directed the opposite party and / or directors of this construction company to refund the entire advance earnest amount of Rs. 16,84,651/-with 6% interest P.A. from the date of received of the advanced money till recovery along with litigation cost of Rs. 5,000/- within two months from date of this judgment. Failing which the complainants have liberty to file execution case according to law.
Let a plain copy of the order be issued to the parties free of cost as per CPR, 2005.
Dictated and corrected by me
Member
Member Member President
