Date of Filing : 09/12/2021

Date of Judgement : 14/05/2024

Mrs. Monihar Begum, Hon’ble President-in-Charge

                                                                       BRIEF FACTS

The petitioners had made an agreement for sale on 13/12/2013 with the Opposite Party No.1 & Opposite Party No.2 in respect of one self contained flat on the third floor measuring about 400 sq.ft. consisting of one bed room, one dining room, one bath cum Privy, one balcony, one kitchen with all facilities and amenities at Premises No. 2A, Gobinda Roy Lane, Post Office-Bhowanipur, Police Station-Kalighat, under Ward No.083, Kolkata-700025, a consideration of amount of Rs.7,00,000/-(seven lakhs) out of the said consideration, he initially paid Rs.3,00,000/-/-(three lakhs) and the OP No.2 also acknowledged the same and issued valid receipt to that effect. Subsequently the petitioners on various occasions had paid the remaining consideration of Rs.4,00,000/- towards the same amount of consideration by way of cash and also by cheques on different dates paid to the OP2 for the purpose of further installment for of fitting and fixtures as well as for the furnishment of said flat and in tune to it, the petitioner had further paid a sum of Rs.2,75,000/-.

OP2 had failed to deliver the possession of self contained flat as well as to execute and register the deed of conveyance in respect of the said flat. Petitioners had no other alternative but to lodge an FIR with the Kalighat Police Station being FIR No.143 of 2019. Thereafter complainant alleging deficiency in service and unfair trade practice against the opposite parties filed this complaint.

Opposite parties did not contest the case by filing written version.

Point of consideration if whether the petitioners are entitled to any relief.

                                                        FINDINGS

Petitioners produced their evidence on affidavit and also the document including the agreement for sale dated 13.12.2013. We found that the said agreement was entered into by the petitioner and her husband and OP No.1 & OP No.2/the developers of the project where the petitioners had booked their flat.  In the written argument, the petitioners admitted all the facts.

It was further found from the documents produced by the Petitioners that OPs had also agreed to refund entire amount of Rs.9,75,000/- which was paid for the flat. It was further found OP admitted the amount having been paid to them by the petitioners and they had agreed to refund the said amount of Rs.9,75,000/- to the petitioners but no such amount was refunded by them.

Petitioners claimed refund of the said amount from the OPs in this case, we think considering the materials on record, petitioners are entitled to get refund of the said amount along with interest @9% p.a. from the date i.e. 21.06.2018 within which OP had agreed to refund the amount. He is also entitled to cost of litigation to the tune of Rs.10,000/-

Accordingly it is

                                                   ORDERED

That the instant complaint case is allowed exparte against the opposite parties.

OP No.2 is directed to pay the amount of Rs.9,75,000/- along with interest @9% p.a. from the date of 21.06.2018 to the petitioners.

OP No.2 is also directed to pay Rs.10,000/- to the petitioners for cost of litigation.

The aforesaid payment shall be made by the OP2 within 45 days from the date of this order failing which the petitioners shall be at liberty to proceed in accordance with law.

Directed and corrected by me

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