Order-11.

Date-13/10/2015.

In this complaint Complainants Prabir Sen Chowdhury and Smt. Kanika Sen Chowdhury by filing this complaint has submitted that they booked 1 BHK flat on 17.05.2012 at Gopalpur, Durgapur and pair Rs. 1,35,000/- i.e. 20 percent of flat value and according to sale agreement ops got sanctioned plan on 26.03.2012 and completion dated was 26.03.2015 (36 months from 26.03.3012) but they failed to start construction till now.

After repeated request ops failed to supply papers regarding bank load such, conversion of land, permission from ADDA, NOC from Fire Department etc.In fact as per advise of the op, complainants deposited original money receipt, original sale agreement, request of cancellation form, affidavit, indemnity bond etc. for refunding money on 29.01.2015 but no money is refunded and ops did not feel necessary to respond to the demands of the complainants, requests and queries.But ops produced false statements and advertisements to extract money from complainants and other intended purchasers and in fact complainant has been deceived by the ops for which complainants in this old age for redressal has filed this complaint for compensation and for redressal etc.

On the other hand op by filing written statements submitted that the entire allegation of the complainants is false and ops are always ready and willing to perform their part of duties and to execute and register the deed of conveyance and they have also submitted that complainant with an ulterior motive intentionally and deliberately has filed the instant case with an intention to get some illegal benefit from the ops and they have claimed that they have their no laches negligence on the part of the ops and there is no deficiency in their service and they are very much diligent in providing their part of services to the complainant in high extend satisfaction and denied all other allegations and prayed for dismissal of this case.

Decision with reasons

On proper consideration of the complaint and written version and overall evaluation of the argument of the Ld. Lawyer for the op and also considering the specific defence of the op, it is clear that ops have not denied the allegation of the complainants that ops received Rs. 1,35,000/- and that payment was made by booking on 17.05.2012.

Truth is that at Gopalpur Durgapur Mouza area Vibgyor has not even stepped for the bhumipuja and Vibgyor Housing and Infrastructure Ltd. etc. are not touching that field because they have already collected huge amount from the intended purchasers and that has been swallowed and they have now closed one after another office at Kolkata, Durgapur and other places.But even after that op has admitted that they are willing to execute the Sale Deed, they are performing their duties, they have discharged their liabilities.But truth is that already complainant has submitted all documents as per ops’ request for getting refund of money but that refund has not been made since 29.01.2015.But advertisement was given that this money shall be refunded and that is the conduct of the op.

No doubt as cheat company now all over West Bengal everyone knows the conduct, business, and strategy of business of the Vibgyor Housing Construction or Vibgyor Allied Insfracture Ltd. or Vibgyor Housing Ltd.Truth is that the Director Subrata Sarker and Rana are absconding to avoid arrest from Enforcement Directorate and in so many cases op has admitted through their Lawyer that ops shall pay by installments but they prayed for exempting them to pay any further interest, cost etc. and similar argument has been advanced by the Ld. Lawyer in the present case also.

But in the written version they always denied the allegation of the complainant and this is the business of the Vibgyor whatever it may be after considering the written version and also the op’s Ld. Lawyer’s argument we are confirmed that op has been deceiving the public at large and by taking money, by executing the different papers which can be accepted by anyone having their no good intention to erect housing complex and in the present case, it is proved that complainants’ allegation is admitted by the ops’ Ld. Lawyer and on admission of the op in their written version and as per admission of the Ld. Lawyer of the op, we are allowing this complaint when admitted position is that op received that amount of Rs. 1,35,000/- as booking amount and accepted different documents and copies of said documents are filed in this case that has not been challenged by the op as originals are in the hands of ops.

So, relying upon all the above fact and materials, we are allowing this complaint with litigation cost and compensation etc. for harassing the complainant, causing mental pain and agony to the complainant and also for adopting unfair trade practice and for deceitful manner of trade.

Hence, it is

Ordered,

That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against ops.

Ops jointly and severally are hereby directed to refund and pay the entire amount of Rs.1,35,000/- with 8 percent interest per annum over the same w.e.f. 17.05.2012 and till its full payment to the complainant.

For adopting unfair trade practice and for deceitful manner of trade and for deceiving the complainant in such a manner and also for checking ops’ such sort of unfair trade practice, ops shall have to pay penal damages of Rs. 25,000/- to this Forum.

Ops jointly and severally shall have to pay the entire decretal amount including the cost etc. to the complainant within one month from the date of this order failing which for non-compliance of this Forum’s order, penal interest at the rate of Rs. 200/- per day shall be assessed till full satisfaction of this decree and if it is collected, it shall be deposited to this Forum.

Even after then if it is found that ops are reluctant to comply this order, in that case ops shall be prosecuted u/s 25 read with 27 of C.P. Act 1986 for which further penalty and fine shall be imposed.