FINAL ORDER / JUDGEMENT
The complaint case is regarding purchase of a self-contained flat no. 3C, at 3rd floor of Block-2B-21 at the project “Sanhita” at Rajarhat , Newtown against Rs. 4,25,376/- out of Rs. 15,52,620/-. The Complt.s were then compelled to sign in an application which promised the completion of the flat within 180 days. According to Annexure-B, an agreement was signed between the parties, which spoke of possession of the flat within 3 years from the date of agreement with a grace period of 180 days. As furnished in Annexure-D, the balance of the total consideration amount was paid to the Complt. in 4 instalments. But the O.P. failed to deliver the possession of the flat even after the expiry of the tenure. Thereafter, the Complts. sent a letter to the O.P to cancel the booking and refund Rs. 15,52,620/-, on 2.11.2011 with no positive outcome. The Complt.s allege severe harassment, mal-activities, deficiency in services, financial negligence, agony and gross negligence against the O.P. Thus the Complt. prays to this Commission for:
- Direction to the O.P. to refund Rs. 15,52,620/- with interest at 18% in favour of the Complt.s.
- Direction to the O.P. to pay compensation of Rs. 10,00,000/- to the Complt.s for mental harassment and agony.
- Direction to the O.P.s to pay litigation cost of Rs. 25,000/- to the Complt.s
- Other reliefs as deemed fit by this Commission.
Point for decision
Is the complainant entitled to get the relief as prayed for?
Decision with reasons
To prove their case Complt.s have tendered their written examination-in-chief supported by evidence on affidavit and they have also filed photocopies of all relevant documents in support of their case.
We have gone through the said evidence of the Complt.s and the documents filed by them.
It appears that in their evidence the Complt.s have fully corroborated their case of the petition of the complaint and the documents filed by them also lend support to the case of the Complt.s So in view of the said evidence of the Complt. and the documents filed by them, remaining un-challenged, it is held that the Complt.s’ case is proved and they are entitled to get the reliefs as sought for.
Hence,
It is,
ORDERED
That the instant case no. 273/2021 is allowed ex-parte with cost against the O.P.
The O.P. is directed to refund the total amount of Rs. 15,52,620/- to the Complt.s along with interest at 8% till realization of the full amount.
The O.P. isalso directed to pay compensation of Rs. 30,000/- to the Complt.s for mental harassment and agony..
The O.P. is directed to pay Rs. 10,000/- to the Complt.s as litigation cost.
All such payments are to be made within 45 days from the date of ttheir order.
Let a free copy of the order be given to the Complt. free of cost.
Dictated and corrected by me.
Sankar Kumar Ghosh
President, D.C.D.R.C.
Howrah.
