Date of Filing : 02/09/2022

Date of Judgement : 04/01/2024

Sri Sudip Niyogi, Hon’ble President

                                                                BRIEF FACTS

Complainants, in order to fulfill their wish to have a self-contained residential flat, approached the OPs, the developers to purchase one self-contained flat at Vedic Village on the 3^rd floor measuring about 1040 sq.ft. super built area in IVY Greens, Phase II, Unit 6-B3 at Block 06, P.O. Bagu, P.S. Rajarhat at a consideration of Rs.38,34,000/-.  He made advance of Rs.1,55,250/- to the OP on 14/10/2015 by Account Payee Cheque.  Complainant also requested the OP to send a copy of the draft agreement for sale in respect of the said flat and they assured him to hand over the same.  OPs also supplied the `Construction Link Payment Plan’ to the complainant to make payment of Rs.10.58,400/- plus service tax.  Thus, after payment of Rs.11,11,432/-, the OP expressed their inability to hand over the said flat and requested the complainants to buy the SPA suits situated at Vedic Village, SPA Resort, Shikharpur, P.O. Bagu, Rajarhat at a consideration of Rs.51,23,500/- and the advance amount already paid by the complainants would get adjusted against the consideration of this flat.  Complainants agreed and made further payment.  Complainants, from time to time, following the instruction of the OPs, made payment and this way they paid Rs.16,09,156/- in total, towards the said consideration price.  It is alleged that, on repeated occasions, complainants requested the OPs to send the draft copy of the agreement for sale, but the same was not delivered to him. They also issued notice through their Advocate and ultimately complainants filed this complaint before this commission for an order directing the OPs to hand over the scheduled flat, providing completion certificate, compensation, cost of litigation or alternatively refund the amount advanced by them.  OPs did not appear to contest the case.  Complainants produced their evidence and also the documents and filed written argument. 

Point for determination is whether the complainants are entitled to any relief(s) in this case?

                                                                  FINDINGS

We have gone through the materials on record.  Complainant produced the documents including the money receipts showing payment of the said amount of Rs.16,09,156/- to the OPs for the scheduled flat.  It is further found that the possession of the scheduled flat was not delivered to the complainants. Considering the evidence of the complainants, which remains un-rebutted and the documents produced by them, we find that they have been able to establish their case and they are entitled to get relief(s) in this case.

Accordingly, it is

                                               ORDERED

That the instant case stands allowed exparte against the OPs.

OPs are directed to hand over the physical possession of the scheduled flat to the complainants on receipt of the balance consideration from them.

They are also directed to provide completion certificate or copy thereof to the complainants.

Alternatively, OPs are directed to refund the amount of Rs.16,09,156/- along with interest @9% per annum from the date of 20/7/2020 which is the date of last payment until realization.

Apart from this, OPs are also directed to pay cost of litigation to the tune of Rs.5,000/- to the complainants.

The aforesaid order shall be complied with by the OPs within a period of 45 days from the date of this order, failing which, the complainants shall be at liberty to proceed in accordance of law.

Dictated and corrected by me

PRESIDENT