F I N A L O R D E R
Mrs. Babita Chaudhuri, Hon’ble Member: - This is an application under section 35 of Consumer Protection Act, 2019 filed by the complainants/petitioners, Sri Subhankar Banik & Others against the Opposite Parties named above alleging the deficiency in service on the part of the Opposite Parties .
Facts of the Complainant’s case, in brief, are as follows: -
That this complainants, Sri Subhankar Banik & Others entered into an Agreement for Sale with Opposite Party No.1 on 31.12.2019 for purchasing one flat measuring about 1000 Sq.ft. including super built up area at 1st floor @ Rs. 2300/- per Sq.ft. i.e. at a total consideration money of Rs. 23, 00,000/- and accordingly the complainants paid Rs. 17, 50,000/- on different dates as advance money. The opposite party no.1 issued receipt thereof in favour of the complainants.( Agreement for Sale and Money Receipts annexed with the complaint.
That according to the said agreement for Sale dated 31/12/2019 the opposite party no.1 shall deliver or hand over the possession of the said flat in finished condition within 30.04.2020 from the date of agreement for Sale.
That after expiry of several months the complainants asked the opposite party No.1 when he would deliver the said flat then the opposite party No.1 informed the complainants that he require further money for completing the said flat and as such upon trust, good faith and believe the complainants on 08.07.2020, 18.12.2020, 24.02.2021 and 21.04.2021 further paid the amounts but, despite of said payment the opposite party No.1 did not keep his words and did not deliver the said flat to the complainants.
That the complainants by showing his bonafideness and also on trust and good faith on 08.12.2021 paid Rs.15, 000/- by cash to the opposite party no.1 for installation of electric meter and after acknowledged the said amount the opposite party no.1 duly issued a receipt thereof in favour of the complainants.
That after waiting till October 2021 complainants’ realized that they have fallen into the tricks and plan of the opposite party no.1 then the complainants on several occasions personally mate with the opposite party no.1 also with the landowners and made conversation over Whatsapp with the opposite party no.1 and requested the opposite party no.1 to return the said advance amount of Rs.17, 50,000/- as well as Rs. 15,000/- for bringing the electric meter, lastly the opposite party no.1 agreed to return the said amount and duly issued three cheques Vide no. 000005 dated 26.11.2021 of Rs. 6,00,000/- , cheque no. 694676 dated 27.11.2021 of Rs. 2,00,000/- and cheque no. 694677 dated 30.11.2021 of Rs. 2,00,000/- but in that case also the opposite party no.1 did not keep his words and deliberately dishonor the said cheques and for the said reason complainants suffered mental pain and agony.
Under the above circumstances, the complainants compelled to file this case before this Ld. Commission and praying for directing the opposite party no.1 to deliver the schedule noted flat and execute and register Deed of Sale in favour of the complainants or refund the entire amount of Rs. 17, 65,000/- (Rs. 17,50,000/- + Rs. 15,000/-) with interest @ 12% P.A.. from the date of 17.06.2017 till realization of entire amount and also praying for compensation of Rs.10,00,000/- for physical and mental harassment and cost of litigation of Rs.50,000/-.
Notice of this case was duly served upon the OPs. But OPs did not appear for which this case was ordered to be heard ex-parte against the OPs.
POINT FOR DECISION
Is complainants entitled to get relief as prayed for?
DECISION WITH REASON
In support of their case the complainants/Petitioners filed Written Examination-in-Chief supported by an affidavit in evidence and they have also filed all relevant documents in support of their case.
We have gone through the said evidence of the complainants and the documents filed by the complainants.
It appears that in their evidence, the complainants have fully corroborated their case of the petition of complainants and the documents filed by them also lend support to the case of the complainants.
Moreover, not contesting by the OPs in the case, proved the case of the complainants otherwise as all the above oral and documentary evidence went unchallenged and there is nothing to disbelieve the case of the complainants, which proved ex-parte against the OPs.
In view of the above discussions and findings the case succeeds.
Hence,
it is,
O R D E R E D
That Complaint Case No. 81 of 2022 be and the same is allowed ex-parte against the OPs with costs.
The complainants/petitioners are entitled to get relief as prayed for. OPs are hereby directed to return the entire amount of Rs. 17, 65,000/-(Rupees Seventy Lakhs sixty five thousand) along with interest @9% per annum in favour of the complainants within 30 (thirty) days from the date of this order, till realization of entire amount.
The OPs are further directed to pay Rs.1, 00, 000/- (Rupees one lakh) only in favour of the complainants as compensation and also to pay Rs.10,000/- (Rupees ten thousand) only as cost of litigation within 30 (thirty) days from the date of this order.
The complainants are at liberty to put the final order into execution after expiry of the appeal period.
Supply the copy of this order to the parties free of cost.
Dictated & Corrected by me
(Mrs. Babita Chaudhuri)
Member, D.C.D.R.C., Howrah
