| Additional Consumer Disputes Redressal Commission, Rajarhat (New Town ) | | Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor | | Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161 |
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| Complaint Case No. CC/44/2019 | | ( Date of Filing : 30 Jul 2019 ) |
| | | | 1. Subhendhu Gangopadhyay S/o Sekhar Gangopadhayay Rep. by his Constituted Attorney Arijit Chakraborty | | Residing at Prabhu Kanj Apartment. Flat no- 208,Premises No, 123, Netaji Subhas Avenue, Dist-Hoogly, Serampore-712201. |
| ...........Complainant(s) | |
| Versus | | 1. Usashi Realstates Pvt. Ltd. | | 594/1, Dakshindari Road, Bima Abasan, Flat No-E/1, First Floor, Kolkata-700048. |
| ............Opp.Party(s) |
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| Final Order / Judgement | - This is the case of the complainant which filed by Mr. Subhendu Gangopadhaya against Usashi Realstates Pvt. Ltd. on 02.08.2019 under Section 12 of the CP Act, seeking refund of Rs. 2,28,000/- along with other reliefs.
- It is the case of the complainant that on being attracted by the advertisement made by the Op for sale of flats in “PRINCE TOWN HOUSING PROJECT” the complainant purchased a brochure at Rs. 300/- and selected a flat measuring about 608.80 Sqft. in the said housing project within Mouja Hathishala in 2018 as described in schedule B in the complaint and advanced a sum of Rs. 2,28,000/- on 17.02.2018 as booking money.
- It was told that the project would be completed within a period of 12 months, but it was never seriously taken up. With the passage of time the complainant realized that the proposed housing project would not see the light of the day for which he sent a letter dated 06.02.2019 demanding the refund of the advanced amount from the Ops.
- Again, on 28.06.2019 a Lawyer’s notice was sent to the Ops for that end in response to which the Op issued a letter dated 08.07.2019. Fact remains that no part of the advanced amount was refunded by the Op. This is why the Ops has filed this complaint for the aforesaid relief on 02.08.2019.
- The Ops contested the case by taking necessary steps.
- In support of this case, the complainant filed evidence on affidavit, the money receipt granted by the Op on 17.03.2018 for Rs. 2,28,000/-, the copies of letters sent to the Op, BNA etc.
- The Op has also filed BNA in addition to other documents, but the Op has abstained from denying the claim of the complainant that Rs. 2,28,000/- was paid for a flat in PRINCE TOWN HOUSING PROJECT and that the said project did not see the light of the day. It is abundantly clear from the documents produced by the complainant and also from the soft contentions advanced by the Ld. Advocate of the Ops that the proposed PRINCE TOWN HOUSING PROJECT could not be translated into reality and that Rs. 2,28,000/- which was advanced by the complainant for a flat has not been refunded. It goes without saying that the complainant has every right to get back the money advanced by him on 17.02.2018 with interest compensation and cost.
- The Op - who received the amount from the complainant and who has failed to give the flat for which it was paid - will have to satisfy the claim of the complainant.
- In view of the volume of complainant's harassment, mental pain and agony the amount of compensation, may be worked out at Rs. 50,000/-. Litigation cost, in our view, may amount to 25,000/-.
- Hence it is ordered that the case be and the same is allowed on contest with cost of Rs. 25,000/-. The Op would pay Rs. 2,28,000/- within 3 months hence with interest @ 10 % pa. with effect from 17.02.2018, failing which the amount will accrue interest @ 12% pa. Ops will also pay Rs. 50,000/- for compensation and 25,000/- for litigation cost totaling Rs. 75000/- within 3 months hence, failing which the amount will accrue interest @ 12% pa.
Let plain copy be given to the parties free of cost, as per CPR. Dictated and corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
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