Order-7.

Date-13/01/2016.

In this complaint Complainants Sanjay Ghoshand Smt. Swati Ghosh by filing this complaint has submitted that complainants intended to purchase flat and according to advertisement ops assured by the advertisement that the flat would be handed over on July-2015 and relying upon the said advertisement and assurances made by the ops, complainant booked 2 BHK flat on 27.05.2013 at Baruipur Madarath, West Bengal for VibgyorNeketan Project and paid Rs. 2,41,000/- i.e. 20 percent of flat value and on payment of the said amount agreement was executed by the ops in the month of June-2013 and ops informed that the sanction of the Neketan Project was not received but will be received within a month.

But peculiar factor is that since the date of agreement and till now filing ops have neither received the sanctioned plan of the project nor started any work of the project till date and ops did not feel necessary to respond to the payment of the complainant for handing over the flat and for completion of the flat etc. and ultimately they left from the project and already squeezed money from different intended flat sellers and they are now loitering outside the reach of the complainant for such act complainants’ dream to have a small flat for passing out days as older age is shuttered forever.

Truth is that for the act of the ops, complainants suffered mentally, physically and financially and the very act of the ops is no doubt unfair trade practice for which complainants have prayed for redressal.

Notices of the complaint were duly served upon the ops, but ops even after received of notices did not turn up to contest this case.But from the Postal Internet result it is found that notice was duly served and it was received by them and in the above circumstances, the case is heard exparte ultimately.So, we shall have to decide the case on merit on the basis of materials as submitted by the complainants.

Decision with reasons

On proper consideration of the complaint including the documents as produced by the complainants and also considering the receipts granted by the ops, it is clear that Vibgyor Housing Ltd. received the entire money from the complainants on proper receipt and complainants filed application form for allotment of flat and thereafter agreement was executed by and between the parties on 08.05.2013 and as per said clause of the agreement being Clause 6.4, the Developer will construct and make the flat at tenantable position within 36 months from the date of obtaining the date of sanctioned plan (completion date) and within 30 days of completion date, Developer shall give a notice to the purchaser calling upon the purchaser to execute and register the Deed of Conveyance in favour of the purchaser or its nominees/assigns.Simultaneously with the registration of the Deed of Conveyance in respect of the Unit, the Developer shall hand over the khas, vacant and peaceful possession of the flat to the purchaser.

So, considering that agreement and date of execution, it is clear that it was the duty of the ops to handover the flat by 08.05.2015.But peculiar factor is that ops neither took any sanction for constructing the project nor has taken any step for construction of the said project not even starting this project as yet.

Fact remains that ops got such chance to defend this case and notices were duly served upon the all the ops including Subrata Sarkar and Rana Bhadra the concerned owner-cum-directors of the said Vibgyor Housing Ltd. but they did not turn up and that is their common practice in most of the cases because against Vibgyor Group, so many cases have been filed and in most of the cases even after receipt of notices they have not turned up and also admitted fact is that Vibgyor Group and their related proprietor, owner, directors are under the screening of Enforcement Directorate, Government of India and out of them their two directors are in the jail and against them charge sheet have been filed by the Enforcement Directorate which is known to all and it is published in daily newspaper and it is also fact that the ops already squeezed 700 crores of rupees from the intended purchasers for selling flats and they have misappropriated the same and in the present case it is proved beyond any manner of doubt that complainants being the middle income group of people with intention to get a flat and to enjoy the same after retirement booked the flat by depositing the amount of Rs. 2,41,000/-.

But their fate is sealed because ops are not entertaining the consumers the present complainants and other consumers even after receipt of that amount and by that act no doubt complainants have been harassed and ops have caused mental pain and agony to the complainants and at the same time they have adopted unfair trade practice which is also proved beyond any manner of doubt.

The most interesting factor is that when ops failed to construct the said Housing Project, in that case it was their duties to refund the said amount forthwith but that also has not been followedfor which it is no doubt a deceitful manner of trade.

So by adopting deceitful manner of trade and also by adopting unfair trade practice, ops deceived the complainants and for which complainants have been suffering and as Developer or Housing Company it is their legal duty to refund the amount but that has not been done and by adopting such procedure they have no doubt caused mental pain, sufferings to the complainants and when ops deceived the complainants which is proved.Then there is no other alternative but to rely upon the evidence of the complainants which is unchallenged testimony including the documents to hold that complainants have been able to prove the case against the ops for which the case succeeds.

Hence, it is

Ordered,

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

Ops jointly and severally are hereby directed to refund the entire amount received by the ops that is Rs. 2,41,000/- to the complainants within one month from the date of this order and also interest at the rate of 12 percent p.a. over the same w.e.f. 10.05.2013 and till its full payment by the ops.

For causing mental pain and sufferings and also for adopting unfair trade practice and deceitful manner of trade, ops shall have to pay compensation of Rs. 30,000/- to the complainants within one month from the date of this order.

For deceiving the customers in such a manner and for adopting unfair trade practice and for maintaining deceitful manner of trade and to check such sort of unfair business of the ops, ops jointly and severally shall have to pay penal damages of Rs. 30,000/- and same shall be deposited to this Forum within one month from the date of this order.

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