Date of filing: 21/04/2022                                        

Date of Judgment: 04/07/2023

Mrs. Sashi Kala Basu, Hon’ble President.

This complaint is filed by Sri Depanjan Ganguly under section 35 of the Consumer Protection Act, 2019, against opposite parties (referred as OPs hereinafter) namely Usashi Real States (Pvt.) Ltd. also known as Evani Infrastructure (Pvt.) Ltd. being represented by its Directors Namely (1) Sri Avijit Dey and (2) Goutam Sahoo alleging deficiency in service on the part of OP.

The case of complainant in short is that being allured through the advertisement published in printing media and from the hoarding and banners, complainant on 26/09/2016 booked a flat and car parking space in the project of OP on payment of Rs. 1,75,000/-. He paid further amount of Rs. 1,58,043/- to the OP on getting reminder from OP dated 03/04/2017. So a total sum of Rs. 3,33,043/- has been paid by the complainant but OP failed to execute an agreement for sale. OP thereafter did not communicate with the complainant. Complainant visited the office of the OP and ultimately met with one Sudhangshu Naskar on 20/09/2020 who was spokes person of OP and he intimated that they were planning to refund the amount who wants to cancel their booking. So ultimately complainant by a letter dated 09/03/2021 demanded to refund the sum paid by him of Rs. 3,33,043/-. In response to the said demand letter, OP by their letter dated 05/08/2021 solicited cooperation of the complainant. From the said reply it revealed that the project could not be started and would not be completed in near future. So complainant filed complaint before the consumer grievance cell and thereafter the present complaint has been filed as OP did not appear before the said consumer grievance cell. By filing the present complaint, complainant has prayed for directing the OP to refund entire amount of Rs. 3,33,043/-  along with interest @ 18%, to pay Rs. 5,00,000/- towards punitive damage, to pay compensation of Rs. 5,00,000/- for harassment and to pay Rs. 50,000/- as litigation cost.

On perusal of the record it appears that as OP did not turn up on service of notice, the case has been heard exparte.

So the only point requires determination is whether the complainant is entitled to the relief as prayed for?

DECISION WITH REASONS

In support of his claim, complainant has filed the money receipts dated 26/09/2016 and 23/04/2017 wherefrom it appears that sum of Rs. 1,75,000/- and Rs. 1,58,043/- respectively was paid by the complainant for the flat in the project namely Prince Town Platinum of the OP. It also appears from the notice sent by the complainant that since no information was given by the OP regarding the status of the project, so he asked to refund the sum cancelling the booking of the flat. It further appears from the letter dated 05/08/2021 sent by the OP that they have admitted the fact that the construction was going on in slow pace due to certain embargo. So the documents filed by the complainant referred to above substantiate the claim of the complainant that in spite of making the part payment of Rs. 3,33,043/-, no construction was done towards the project and neither he was refunded the sum paid by him. In such a situation he is entitled to the refund of the said sum along with compensation in the form of interest.

Hence

          ORDERED

CC/231/2022 is allowed exparte. OP is directed to refund Rs. 3,33,043/- to the complainant along with interest on the said sum @ 10% p.a. from the date of making first payment i.e. 26/09/2016 to till this date within two months from the date of communication of this order. OP is further directed to pay litigation cost of Rs. 10,000/- within the aforesaid period of two months. In default of payment, the entire sum shall carry interest @ 10% p.a. till realisation.