West Bengal

Bankura

CC/33/2019

Sri Sujit Kundu - Complainant(s)

Versus

Well View Construction Private Limited, Represented by its Director Sri Utpal Kanti Baral - Opp.Party(s)

Jayanta Kr Mukhopadhyay

09 Aug 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 33/2019

Date of Filing: 08/07/2019

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Jayanta Kr. Mukhopadhyay

For the O.P. : Ld. Advocate Debasish Pal    &     Proforma O.P. Ld. Advocate Nilima Majumder

 

Complainant  

1. Sri Sujit Kundu, S/o Late Abani Mohan Kundu,

2. Mrs. Kakali Kundu, W/o Sri Sujit Kundu, both are permanenet resident of Onda, P.O. & P.S. – Onda, District – Bankura, Pin-722144 at present both are residing at Adra Rly. Colony, Qtr. No. L/71(B) North Side near Hati Park, P.O. & P.S.-Adra, District Purulia, Pin – 723121

Opposite Party

1. Well View Construction Private Limited, Represented by its Director Sri Utpal Kanti Baral, Son of Late Sachinandan Baral having its Principal Place of business at 89, Sarada Pally, P.O.-Asansol-04, District erstwhile Burdwan, and now Paschim Burdwan, as lawful constituted Attorney on behalf of Sri Tapan Kumar Dutta, Sri Madhusudan Dutta, Sri Sadhan Kumar Dutta, Sri Sunil Dutta and Sri Pijush Kanti Dutta all sons of Kalipada Dutta and resident of Cinema Road, Bankura, P.O., P.S. & District Bankura (Land Owners).

2. Well View Construction Private Limited, a Company incorporated according to Company’s Act, 1956, Carrying on its business in real states as promoters / developers having its registered office at 89, Sarada Pally, P.O.-Asansol-04, District erstwhile Burdwan, and now Paschim Burdwan.

3. Utpal Kanti Baral, Son of Late Sachinandan Baral, resident of 89, Sarada Pally, P.O. – Asansol-04, District erstwhile Burdwan, and now Paschim Burdwan.

4. The Councillors of Bankura Municipality, Bankura Town, P.O., P.S. & District Bankura, Pin – 722101

 FINAL ORDER / JUDGEMENT 

Order No.28

Dated:09-08-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder.

The Complainant’s case is that he booked a Flat in Schedule-B to the Complaint with Principle O.P.s as per Agreement of Sale dated: 30/12/2016 at a consideration of Rs.18,43,000/- but the O.P. could not complete the apartment of Monoroma Residency cum Commercial and hand over the possession of Flat to the Complainant within the stipulated period though the Complainant has already advanced payment of Rs.8,27,507/- by two Cheques dated: 30/12/2016 for Rs.3,68,600/- and Rs.16,587/- respectively and by transfer from the Loan Account of the Complainant for Rs.4,42,320/- on 10/03/2017. The Complainant has lost all hopes of getting the aforesaid advance money from the O.P. in spite of several reminders and ultimately approached this Commission for appropriate relief for refund of the same with compensation.

The O.P.s contested the case by filing written version admitting therein at Para-10 regarding the refund of the consideration amount of Rs.8,27,507/- without interest.                                                               

                                                                                                                                                                                      Contd……p/2

                                                                                                         Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that admittedly there is no dispute between the parties with regard to the payment of Earnest money of Rs.8,27,507/- and repayment of the same to the Complainant as per terms and conditions of the Agreement for sale except non-completion of the Apartment and delivery of possession of the Flat to the Complainant. There is no forfeiture Clause in the Agreement for sale though in the Application Form it has been stipulated that the application money will be refunded without Interest in fifteen days from the date of application. In fact the Complainant has paid by Cheque Rs.3,85,187/- as referred to above on the date of application for booking the Flat as per Agreement of Sale dated: 30/12/2016 and subsequently Rs.4,42,320/- has been paid to the O.P.s on 10/03/2017 by transfer from his loan A/c. The Complainant has to bear the interest for his bank loan for the purchase of the Flat and the O.P. must compensate the payment of Bank Interest of the loan account of the Complainant apart from the payment of the principle Earnest money of Rs.8,27,507/- for not refunding the principle amount within the stipulated period of fifteen days as referred to above.

The Complainant is therefore entitled to get the relief as prayed for.

Hence it is ordered……..

That the case be and the same is allowed on contest against the Principal O.P.s

The Commission directs the Principal O.P.s jointly and severally to pay to the Complainant Rs.8,27,507/- with compensation of Rs.70,000/- within a month from this date in default the law will take its own course.

Both parties be supplied copy of this Judgement free of cost.

                                                                                                   

 ____________________                _________________          _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER       HON’BLE MEMBER