JUDGEMENT
SHRI REYAZUDDIN KHAN,MEMBER
This is an application U/S.34 read with 35 of the C.P Act of 2019 .
The case of the complainants in brief is that the complainants intended to purchase a flat and as such a sale agreement was executed dated 06.09.2022 situated on the ground floor in Block No.1,Unit F.comprised in R.S/L.R dag No.4053 recorded in L.R Khatian No.3248,3249,3254 and 3255,Mouza Kalikapur,J.L No.40,P.S- Rajarhat,Patharghata Gram
Panchayat,North 24 Parganas measuring carpet area more or less 493 sq.ft total area measuring approx 748 sq.ft including Balcony area and other common area and amenities. The complainants have paid Rs,26,55,515 out of 29,62,715 as per sale agreement to the promoters via cheque,RTG and by Bank loan from SBI.The complainants have stated that as per agreement the promoters will hand over the said flat after complete fixture and feature within 31.12.2023,but the OPs failed to complete the same within the stipulated period.It was mentioned in the said agreement under clause 9(2) that the complainants have the option to terminate that sale agreement for violation of any clause of that agreement and OPs are liable to refund the entire the paid amount along with banking interest with 2% interest as compensation. The complainant further stated that the complainants were compelled to cancel the agreement for non completion of the said flat and asked for refund of the paid amount with interest through the advocate letter on 01.02.2024 and 24.02.2024 which was duly received by the OPs.Inspite of receiving the letters and mail none of the OPs responded.The complainants are paying EMIs to bank regularly.Finding no other option the complainants decided to approach the commission to get justice and prayed for the direction as mentioned in the complaint petition.
On perusal of records, it appears from order no.7 dated 21.06.2024, OPs failed to file their W.V in the statutory period and as such the case runs ex-parte against the OPs.
Points for Determination
1) Whether the OPs are deficient in rendering proper service to the Complainants?
2) Whether the OPs have indulged in unfair trade practice
3) Whether the complainants are entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 2 :-
The above mentioned points are taken up together for the sake of convenience and brevity in discussion.We have travelled over the documents placed on record. The complainants have filed his Evidence supported by affidavit. The case has been proceeded ex-parte against OPs .The OPs have not filed the E-Chief. The fact of the case in brief is that the complainants booked a flat from the OPs and paid amount of Rs, Rs,26,55,515 (Rupees Twenty six Lakhs Fifty five thousand five hundred Fifteen)only situated at the ground floor in Block No.1,Unit F.comprised in R.S/L.R dag No.4053 recorded in L.R Khatian No.3248,3249,3254 and 3255,Mouza Kalikapur,J.L No.40,P.S- Rajarhat,Patharghata Gram Panchayat,North 24 Parganas measuring carpet area more or less 493 sq.ft total area measuring approx 748 sq.ft including Balcony area and other common area and amenities
through a sale agreement dated 06.09.2022.As per agreement the flat to be completed and handed over to the complainants by 31.12.2023.Though the OPs failed to deliver the possession of the flat within the stipulated period, the complainants decided to terminate the sale agreement unilaterally as per agreement clause 9(2) and asked for the refund of the paid money along with interest and compensation.
The OP parties completely failed to handover the flat till date and neglected the several requests of the complainants.
In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainants by any means suffer from loss of money and time for the negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service is observed.
In view of the above facts and circumstances we are of the view that the complainants have established his case against the OPs.
Hence, Ordered
That the complaint case be and the same is allowed on ex-parte against OPs by following directions.
- The OPs are jointly or severally directed to refund the paid money of Rs,26,55,515 (Rupees Twenty six Lakhs Fifty five thousand five hundred Fifteen)only to the complainants with an interest @9% per annum from the date of agreement till its realization..
- The OPs are jointly or severally directed to pay Rs,50,000/ (Rupees Fifty Thousand ) only as compensation for unfair trade practice, harassment and mental agony with a litigation cost of Rs,10,000/-
The above mentioned orders are to be complied by the OPs within a period of 60 days in default the complainants will be at liberty to put the order into execution as per rules.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and
Judgment be uploaded in the website of the Commission for perusal of the parties
