Date of filing : 1.8.2017

Judgment : Dt.11.11.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Amitava Chatterjee alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Shribhumi Realty Pvt. Ltd., (2) Gopal Malakar, (3) Mr. Soumitra Roy, (4) Mr. Biswabrata Maity, (5) Mr. Sagar Ganguly and (6) Mr. Samit Dutta (name of OP No.6 striked out by the order of Hon’ble State Commission).

            Case of the Complainant, in short, is that the OP No.1 is a real estate company which performs buying, selling and renting and operating of self-owned or leased real estate. OP No.2 to 5 are the Directors of the OP No.1 and have utilized the funds of company at different point of time, to their benefits. On seeing the wide publication through internet advertisement, Complainant got in touch with a representative of the OP No.1 for purchasing one flat under HIG Category in the project (Shribhumi) and booked the same on payment of a sum of Rs.4,10,000/- by way of two cheques, dt.31.10.2011 in favour of the Shribhumi Realty Pvt. Ltd. of payment of Rs.2,05,000/- each and, towards confirmation, two money receipts were issued by the OP No.1. But, till date the project has not been completed and the project site is completely vacant. So, finding no progress, the Complainant by a letter dt.1.8.2016 through his Ld. Advocate, addressed to the OP No.1 asked for refund of the money. But, in spite of service of notice, OPs did not refund the amount to the Complainant. OPs have resorted to unfair trade practice. So, the present complaint has been filed praying to direct the OPs to jointly and severely return Rs.4,10,000/- towards booking amount paid to OP No.1 along with interest @ 10%, to pay compensation of Rs.1,00,000/- for causing mental harassment and agony and Rs.20,000/- towards litigation cost and other incidental charges.

            Complainant has filed two receipts showing payment of Rs.2,05,000/- each by way of two cheques, and the copy of the notice sent through Ld. Advocate asking for the refund of booking amount along with interest .

            The case was contested only by OP No.6 namely Samit Dutta but his name has been striked out by the Hon’ble State Commission by its order dt.12.4.2019. Other OPs did not take any step and so the case proceeded ex-parte against them.

            So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

            Admittedly, no agreement was executed by and between the parties. However, in order to substantiate his claim that he booked a flat under HIG Category in the said project of Shribhumi and has paid Rs.4,10,000/- in total, Complainant has filed the receipts issued by the OP No.1 dt.31.10.2011. It appears that the payment was made by the Complainant towards booking of flat by two cheques dt.31.10.2011. These documents sufficiently establish that the Complainant had booked the flat. But the OPs have neither delivered him the said flat as agreed nor have refunded the amount of Rs.4,10,000/-. The claim of the Complainant is also established as there is absolutely no contrary material before this Forum to counter or rebut the claim of the Complainant.

            So, as the Complainant has neither been handed over the flat nor has been refunded the amount, in view of the discussions as highlighted above, OP No.1 to 5 are jointly and severely liable to pay the said booking amount of Rs.4,10,000/- along with interest in the form of compensation and also the litigation cost.

            The point is answered accordingly.

            Hence

                                                ordered

            CC/443/2017 is allowed ex-parte against OP No.1 to 5. OP No.1 to 5 are jointly and severely directed to refund Rs.4,10,000/- to the Complainant and also to pay compensation in the form of interest @ 10% p.a. on the said sum from the date of payment i.e. 31.10.2011 to till this date, within two months from the date of this order. The OPs are further directed to pay litigation cost of Rs.12,000/- within the aforesaid period of two months, in default the entire sum shall carry interest @ 10%  till its realization.