Hon’ble Mrs. Soma Bhattacharjee, Member
CC/293/2019 has been filed by Naresh Kumar Aggarwal against OP no. 1 Bengal Omnitech Nirman Ltd. and OP no. 2 Authorised signatory of Bengal Omnitech Nirman Ltd., under C.P. Act, 1986. The complaint is valued at Rs. 37,59,550/-.
The gist of the matter is that the complainant came to know that booking was going on for residential flats at ongoing project Omni Lakeview, address being Shreepur Bagerghol Boral Main Road Garia, Kolkata – 700154. The complainant contacted the developer who intimated him that if he books a flat immediately he would be given a discount on the consideration amount. Being convinced with the proposal of the developer / company the petitioner paid an amount of Rs. 5,71,910/- vide A/c payee cheque being no. 385902 dt. 25.10.2011 drawn on Oriental Bank of Commerce Bhawanipur Branch, Kolkata 700025 in favour of the Bengal Omnitech Nirman Ltd. An application dt. 19.10.2011 for registration for allotment of an apartment at Omni Lakeview was submitted by the complainant to developer along with the said cheque. Developer issued a booking confirmation cum receipt to the complainant dt. 31.10.2011 for flat no. 7A, Block No. E, Floor No. 7th of super built up area 1237 sq. ft. along with a covered car parking. The basic rate of the flat as mentioned in the booking receipt was Rs. 2100/-, floor escalation being Rs. 50/- effective rate being Rs. 2150/-. The car parking price was Rs. 2,00,000/-. The total consideration amount of the flat and car parking space, therefore being Rs. 28,59,550/- (Xerox copies of application and booking receipts are kept in the record).
However, the developers did not hand over the said flat and car park to the complainant even after a lapse of 8 years and on 13.03.2019 the complainant demanded hand over of the flat from the developer. The complainant visited the developers office from time to time, when they promised to handover the flat very soon. Ultimately the complainant was compelled to file CC/293/2019 when cause of action arose on 13th March, 2019 when the complainant issued a letter to the developer to deliver the flat. Since the delivery has not yet been made the cause of action is still continuing. The OPs appeared and filed W.V. and evidence on affidavit. Although steps were taken for an amicable settlement of the matter between the two parties, it did not materialise.
The OPs have admitted that the complainant has paid an amount of Rs. 5,71,910/- to the developer.
Heard the arguments of the Ld. Counsels of both sides. The Ld. defence counsel elaborated on the written version of evidence. Perused and considered the complaint petition, written version of OPs and evidence on affidavit by both sides.
It transpires, since the OPs have failed to fulfil their obligation of handing over delivery of flat and car parking space to the complainant as per allotment letter issued to him on 31.10.2011 they are deficient in rendering services to the complainant, within the meaning of Section 2 (1)(g) read with Section 2(1)(o) of C.P. Act, 1986. In our considered view the complainant is entitled to relief as prayed for.
Accordingly, the CC/293/2019 succeeds and is allowed on contest.
(1) The Opposite Parties are jointly and severally directed to refund an amount of Rs. 5,71,910/- to the complainant within 60 days of this order.
(2) Opposite Parties are jointly and severally directed to pay a compensation of simple interest @ 9% p.a. on Rs. 5,71,910/-, from date of payment of the amount i.e. from 31.10.2011 till the date of realisation, within 60 days of this order.
(3) Opposite Parties are jointly and severally directed to pay a litigation cost of Rs. 20,000/- to the complainant within 60 days of this order.
If the Opposite Parties fail to comply with this order, complainant will be at liberty to put the award into execution.
CC/293/2019 is disposed of accordingly.
Free certified copies to be issued to all parties.
