Order No. – 8 Date : 08.07.2021
That after receiving summon O.P.s are remain absent as a result of which this CC case taken up for ex parte hearing.
Facts of this case in short, is that the O.P. No.-1 is a company for incorporated under Companies Act, 1956 and is running a business of developing and constructing new building under the name and style of M/S Dharitri Infrastructure Private Ltd. and O.P. No.-2 and O.P. No.-3 are the Director of O.P. No.-1.
With intent of purchase a new flat for residential purpose, Complainant approached the O.P.s for the same and applied for purchasing 3 Bhk flat measuring about 900 sq. ft. Complainant also agreed the prices that is Rs.2300 per sq. ft. as per requirements of O.P.s.
On the basis of the proposal of O.P.s, complainant willing to purchase the flat in Block-19, flat type-E, flat No.-A within the project namely Dharitri Universia situated at Mouza-Bhaganpur, JL No. 10 comprised in RS Dag No. 2498 – 2499. Soon after the allotment, complainant paid Rs.2,07,000/- in 2 cheques in favour of the O.P.s.
Thereafter, O.P.s inform the complainant for switching over to another project namely Royal Enclave where another allotment measuring about 900 sq. ft. in Block-1, Tower-3, 3rd floor, Flat No.-B at Hudrait, Mouza- New Town, Action Area-3, Shapoorji Palanji Bus stop, New Town, Kolkata – 700 135.
That the project was switched over in terms of letter dt. 09.06.2018 but O.P.s did not enter into the fresh agreement for sale in respect of the above mentioned allotted flat in the new project. Complainant requested the O.P.s for a fresh agreement for sale but O.P.s are refused to do so.
Thereafter, complainant requested to O.P. for returning the money which he deposited earlier. But O.P. did not refund the money on the request of the complainant.
Hence, this case.
Complainant filed the affidavit-in-chief and other related document i.e. memorandum of understanding, agreement for sale and money receipt.
I have carefully perused all the available documents and the affidavit-in-chief filed by the complainant. I have also perused the Brief Notes of Argument (BNA) filed by the complainant.
There is nothing before this Commission to disbelieve the unchallenged documents and the evidence of complainants.
In my view, complainant able to prove this case.
Non performing the promise on receiving the money and also entering into the agreement for sale, O.P. has certainly guilty of deficiency of service and complainant has genuine cause of action against the O.P. for filing this case and accordingly complainant is entitled to get relief as prayed for.
In the result this complaint case succeeds.
Court fee paid correct.
Hence,
It is
O R D E R E D
that this complaint case be and the same is allowed on ex parte against all the O.P.s.
O.P.s are jointly or severally liable to pay the sum of ₹2,07,000/- (Rupees Two lakh Seven thousand only) in favour of complainants within one month from the date of this order. O.P.s are jointly or severally liable to pay compensation of ₹10,000/- for mental pain and agony and litigation cost of ₹5,000/-. Complainant is also entitled to interest of 5% on the decreetal amount from the date of filing (13.10.2020) till realization of decreetal amount. In default of payment of above mentioned amount by the O.P.s, liberty given to the complainants to file execution case for realization of the same.
Hence this complaint case is disposed of accordingly.
Let a copy of this judgement be handed over to all the parties at free of cost.
