Order-7.
Date-28/01/2016.
In this complaint Complainant Mrs. Swapna Ghosh W/o Partha Ghosh by filing this complaint u/s 12 of the C.P. Act, 1986 with the prayer in the petition of complaint.
In short the case is being attracted by the advertisement of ops the complainant was intended to purchase a flat at Baruipur being flat No. A2/3/D, having Super Built up area of 663 Sq. Ft. 2BHK Flat on the 3rd Floor of the building from the ops onpayment of advance of Rs. 2,30,000/- against that flat and as such the complainant entered into an agreement with the ops and as per agreement the complainant has paid 21 percent of total value of the flat in question i.e. Rs. 2,30,000/- to the ops by two installments through cash and cheque dated on 15.07.2013 and 23.07.2013.
According to advertisement of ops the flat in question was to hand over on July 2015 and the complainant entered into an agreement on Sept. 2013 with the ops and after lapse of 2 years and 4 months since the agreement, the ops neither received the sanctioned plan nor started any work or the project till date. Complainant had met with the ops but the ops did not pay any heed to the claim of the complainant. For such act of ops the complainant has been suffering both physical and mental harassment and also monetary loss. Finding no other alternative, the complainant appeared before this Forum for getting relief as per her prayer.
Inspite of service of notices, the ops have not appeared or contested this case as such the case is heard ex-parte against the ops.
Decision with reasons
On proper consideration of the materials on record, complaint and documents i.e. money receipt, copy of receipt to sale as produced by the complainant in this case, we find that out of under construction flat, complainant intended to purchase one flat and entered into an agreement for purchasing the flat in question at Baruipur, Madarihat from the ops and paid 21 percent of the total purchase price of Rs. 2,30,000/- and the op assured that complainant shall have to get possession of that flat within 36 months from the date of obtaining plan and within 15 days of the completion of the said construction developer shall have to give notice to the purchaser calling to execute the deed of connivance in favour of the purchaser and developer shall handover the khas possession of the flat to the complainant i.e. purchaser.
Actually the deed of agreement was executed finally on 09.09.2013 but it is proved that no construction has yet been started by the ops rather the ops have closed the door after collection of huge money from the intending purchasers like this complainant and by this way deceived all the customers who deposited money from purchasing flat. From the conduct of the ops it is proved that the complainant has not only been deceived by the ops but she has also lost huge amount and in return she got only harassment, mental pain and sufferings also lost the interest of amount from the date of deposit to the ops.
If it is fact that the land for proposed flat construction area is disputed one and there is no chance for construction then as an honest businessman the ops should have been refunded the money to the complainant but ops did not performed their duties rather ops have fled away from the market by closing their door and the complainant’s dream for a flat is nipped in the bud and such an act of ops the complainant has been suffering mental pain, monetary loss and also harassment. In view of the above fact and circumstances, we are of opinion that the complainant has been able to prove all the allegations against the ops including negligent, deficient service, their deceitful manner of trade and also adopting unfair trade practice. In view of the above finding, the complaint case succeeds exparte.
Hence, it is
ORDERED
That the complaint be and the same is allowed in exparte form with cost of Rs. 10,000/- against the ops.
Ops are jointly and severally liable to pay the deposited amount of Rs. 2,30,000/- with 9 percent interest p.a. calculated from the date of 15.07.2013 within one month from the date of this order till full realization.
Ops are further directed to pay Rs. 25,000/- as penal damages to this Forum for deceitful manner of trade and deceiving the complainant and also for adopting unfair trade practice.
If it is found that ops are reluctant to comply the order, in that case, penal action u/s 25 read with Section 27 of C.P. Act, 1986 shall be started against the ops for which further penalty and fine shall be imposed upon ops.
