Date of Filing : 29/07/2022

Date of Judgement : 27/03/2024

Mrs. Monihar Begum, Hon’ble Member

                                                                      BRIEF FACTS

The petitioners had booked a flat in the project of Housing complex known as “ROYAL ENCLAVE” the sister concern of DHARITRI INFRAVENTURE PVT LTD.(OP No.1) on 19.07.2018 by making a payment of Rs.6,66,960/-. The opposite parties had agreed to deliver the said flat in habitable condition to the petitioners within 36 months from the date of agreement along with the sanctioned plan of the said building of the concern Kolkata municipal Corporation and to also register the said flat in favour of the petitioners as per third schedule part III in Page No.24 of Agreement of Sale. On repeated requests, opposite parties could not be able to complete the project.  In respect of one self contained 3BHK residential flat having an area of 900 sq.ft. more or less, second floor, Block-2 , Flat No.A, Tower 9, South East facing consisting of 3 bed room, one dining cum drawing room, one kitchen, two toilets and one balcony under the project of “ROYAL ENCLAVE” within Mouza Hudrait JL No.54, RS No.224, Touji No.10, under the Police Station – Rajarhat within the limit Chandpur Gram Panchayat, Bidhan nagar North 24 Parganas.

Petitioners in total paid Rs.6,66,960/- out of total consideration of Rs.23,10,000/-.

Though it was agreed that within 36 months, the construction of the flat would be completed but even after more than 2 years, they found not a single construction work was started in the project. So, on being dissatisfied by delayed project, they approached the opposite parties and applied on 13.02.2021 for refund of their money.

Following their said application, the opposite parties accepted to do the needful for refund of earnest money within 6 months from the date of receipt of application. But they did not do anything in this regard. So, they preferred this complaint seeking relief(s) in the form of a direction upon the Opposite parties to refund the balance amount payment of compensation, and cost of litigation etc.

0n perusal of the record, it appears that inspite of service of notice, the OP did not take any step, the case proceed exparte hearing against them.

So, the only point requires determination whether the complainants are entitled to relief(s), as prayed for.

                                                                   FINDINGS

Complainants filed their evidence on affidavit, corroborating their contention as made in the petition of the complaint.  These apart, several documents, were also produced on their behalf. These include, agreement dated 19/07/2018, photocopy of the cancellation letter, copy of the letter dated 02/03/2022 etc. It is found that the opposite parties agreed to refund the amount of advance made by the petitioners but they did not actually make the refund. OP did not challenge the contention of the petitioners. 

Though the stipulated period of for handing over the flat is yet to be expired but as OPs agreed to refund the amount of petitioners, we think there is no bar to allow the present complaint in favour of the petitioners. So on going through the materials on record we are inclined to allow the complaint.

Accordingly it is

                                                     ORDERED

That the instant complaint CC/464/2022 is allowed exparte against the opposite parties.

Opposite parties are directed to refund of Rs.6,66,960/- along with interest @9% p.a. from the date of 13.02.2021 when the application for refund was made to the petitioners till realization. 

Opposite parties are also directed to pay Rs.5,000/- to the petitioners towards cost of litigation.

Opposite parties are directed to comply with this order within 30 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

    Presiding Member