F I N A L  O R D E R

Subir Kumar Dass, Member – This consumer complaint has been filed by the complainant Sri Mihir Samanta against the O.ps. named above alleging deficiency in service on the part of the O.ps.

Complainant’s case, in brief, is given below:-

The complainant being interested in O.p.’s project, Housing Complex known as Royal Enclave at Mouza-Husarait, J.L. No.54, comprised in R.S. Dag No-2673, appertaining to R.S. Khatian No-2197, 1933, 1616 under the Police Station Rajarhat, District-North 24 Parganas; selected a flat as per opposite party’s plan and requested for allotment. Thereafter the O.p. no.1 issued an allotment letter to complainant in respect of the selected flat at Royal Enclave project measuring about 1019 sq.ft Block 1, Tower 3, flat number C on 3^rd floor in consideration of Basic sale price Rs.27,00,000/- only, amenities charges Rs.1,00,000/- only and covered car parking Rs.1,00,000/- only, thus total consideration being Rs.29,00,000/- only. Thereafter complainant have paid Rs.6,20,000/- only. Thereafter a Memorandum of Understanding has been executed between opposite party’s company and the complainant on 14/08/2018 which has been duly notarized and duly specified that the said unit will be completed by the developer/O.p. within December 2020 and it is also mentioned that the possession of the said unit will be handed over to the complainant within the said stipulated period.

Thereafter, the complainant on several occasion contacted the O.ps. but in futile.

Accordingly, in accordance with the terms verbally communicated to him by O.p. during negotiation, the complainant moved to the O.p. seeking the said flat in a position to purchase the said flat. Such persuasion and repeated requests being of no use, the complainant vide lawyer’s notice dated 30/11/2021 requested the O.p. to handover the said flat.

Since, no further/alternative way of remedy was available, the complainant filed the instant complaint before this commission praying for relief in the form of direction to the O.p. for deliver the said flat within 4(four) weeks from the submission of this application either refund the sum of Rs.6,20,000/- alongwith appropriate interest with compensation of Rs.5,00,000/- and litigation charges of Rs.3,80,000/-.

Notice was served upon the O.ps. but they did not respond and throughout the proceeding did not participate in the process.

POINT FOR DECISION

1. Whether the complainants is entitled to get relief/reliefs as prayed for.

In support of their case, the complainants filed written note, evidence on affidavit and B.N.A.

DECISION WITH REASONS

            On scrutiny of the materials on record, it reveals that the complainant is a consumer Under Section 2(7) of the Consumer Protection Act, 2019.

Complainant appears to be a resident of the District of Howrah. Pecuniary value of the case is well within the prescribed limit of this commission. Hence, this commission has territorial as well as pecuniary jurisdiction to extension and try this case.

From the content of the complaint supported by photocopy of relevant memo of understanding, allotment letter of the said project, documents showing payment of Rs.6,20,000/- by the complainant, it appears that the dispute arose through O.ps. reluctance on non-delivering flat in question within scheduled period of time.

We have applied our mind and carefully gone through the records and argument.

It is noted that the O.p. despite having been served the notice did not file w.v. within the statutory period and even did not participate in the proceedings thereafter at any point of time. Thus, it is evident that principle of natural justice has duly been complied with and no deficiency is present to that effect.

It may be mentioned that the complainant in support of his case have  filed sufficient photocopy of documents and the evidence on affidavit advanced by the complainant is a replica of the complaint.

Thus, in careful consideration of the materials on record and on alleging to the facts and circumstances of the case, this commission is satisfied to hold that the complainant has succeeded in proving his case beyond doubt and thus complainant is entitled to have an order passed in his favour as prayed for.

            Hence,

it is,

ORDERED

            That the complaint case No.273/2022 be and the same is allowed ex-parte against the O.ps. with costs.

That the O.ps. are directed either to deliver the flat or to refund the amount of Rs.6,20,000/- to the complainant within 45 days from the date of this order.

That the O.ps. are also directed to pay interest @9% p.a. on the deposit to the complainant for the period from the date of deposit upto the date of recovery within 45 days from the date of this order.

That the O.ps. are further directed to pay Rs.50,000/- to the complainant as compensation against the mental agony suffered by the complainant within 45 days from the date of this order.

That the O.ps are also directed to pay Rs.30,000/- to the complainant towards litigation cost within 45 days from the date of this order.

The complainant is at liberty to take the order to execution, in case the same is not complied with, after expiry of the appeal period.

Let copy of this order be given to the parties free of cost.

Dictated & Corrected by me

 (Mr. Subir Kumar Dass)

Member, D.C.D.R.C., Howrah