Dated : 28 Jun 2023

 HON’BLE SUDIP NIYOGI         PRESIDENT

FACTS

            The fact of the instant complaint, in brief, is that she had entered into an agreement dated 20/07/2017 with the Opposite Party who is said to be a Developer for lease of a self-contained flat measuring about 600 sq. ft. super built up area in the multi-storied building to be constructed by the Opposite Party for a period of 999 years for a consideration of Rs.10,00,000/- at premises No. B/29/E/H/6, Kalimuddin Sarkar Lane, Kolkata- 700010. Complainant paid Rs.1,50,000/- in total by making payment on different dates to the Opposite Party. As per agreement, the Developer would deliver possession to the Complainant on or before 12 months from the date of the agreement but it is found that the construction of the said building was not started. So, by a letter dated 05/03/2021 to the Opposite Party, Complainant demanded refund of the advance amount paid by them but, Opposite Party sought 90 days’ time to start the project. As the construction could not be commenced even after 4 years from the date of agreement, Complainant filed this complaint against the Opposite Party before this Commission alleging deficiency in service and unfair trade practice on the part of the Opposite Party. Complainant claimed the refund of the amount they paid along with compensation, damages and cost of litigation etc.

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            Opposite Party contested the case by filing a written version and denied all the allegations made against him. According to her, the property was a Thika property and the alleged the agreement is a sham one and barred by u/s 230 of the Contract Act.

            Both parties adduced evidence. They exchanged questionnaires and also replies thereto. Complainant also filed brief notes of argument on their behalf.

The point for consideration is whether the complainant is entitled to the relief(s) as prayed for.

FINDINGS

Here, in this case Complainant claimed to have made an agreement for lease dated 20.07.2017 with the Opposite Party (Developer) for a self-contained flat measuring about 600 sq. ft. as per super built-up area to be constructed by the Opposite Party (Developer) for a period of 999 years at a consideration of Rs.10,00,000/-. She also claimed to have paid Rs.50,000/- on 17.07.2017, Rs.1,00,000/- in two instalments of Rs.50,000/- each on 19.07.2017. As the Opposite Party (Developer) failed to commence the construction of the said multi-storied building, Complainant by a letter dated 05.03.2021 demanded the amount advance by them. But, as Opposite Party (Developer) failed to comply with the demand, the Complainant filed this instant complaint praying for refund of the amount along with interest, compensation etc. In support of her contention, Complainant produced the copies of three money receipts which were not specifically denied by the Opposite Party. Complainant also produced the copy of the agreement for lease. Though opposite party took the plea that he is not in the construction business or all the money receipts are sham ones in absence of any specific denial by the Opposite Party and on the materials on record, the claim of the Complainant cannot be brushed aside.

So, we think the Complainant is entitled to get back Rs.1,50,000/- along with interest @9% p.a. from the date of 09.03.2021, when the Opposite Party (Developer) responded by his letter to the demand notice of the Complainant. Apart from this, Complainant is also entitled to Rs.3,000/- towards cost of litigation.

In the end, Complainant has succeeded in proving her case.

Accordingly, it is

ORDERED

That the instant case be and the same is allowed on contest.

Opposite Party is directed to pay Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the Complainant along with interest @9% p.a. from the date of 09.03.2021, until payment in full.

Opposite Party is also to pay Rs.3,000/- (Rupees Three Thousand Only) towards cost of litigation to the Complainant.

Opposite Party is directed to comply with this order by making the awarded payment to the Complainant within 60 days from the date of this order, failing which Complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

               President