DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C.C. NO.- 453/2018
Date of Filing Date of Admission Date of Disposal:
28.11.2018 11.12.2018 16.09.2019
Complainant/s:- 1. Sri Chiranjib Mondal,
S/o Late Nalini Mondal,
Residing at Vill- Shelia, P.O- Mangalpur,
P.S- Manteswar, Dist- Burdwan, Pin- 713422
=Vs=
Opposite Party/s:- 1. Sri Biplab Mandal,
S/O Late Kshetra Mohan Mandal,
77, Rabindra Nagar, P.O- Nimta
P.S- Nimta, Dist- North 24 Pgs.
Kolkata- 700049
P R E S E N T :- Sri Karna Prasad Burman…………………. President.
:- Sri Subhas Chandra Chakraborty........... Member.
:- Smt. Monisha Shaw …………………………. Member.
Judgment
Non-refund of the principal amount deposited as advance for the purchase of a flat measuring about 490 sqft. by the Op construction company has obliged the purchaser of the flat herein the complainant to lodge this complaint for redressal under Section 12 of the C.P Act, 1986.
The complaint is epitomised facts of the case is that the complainant booked a flat covering an area of 650 sqft. under North Dum Dum Municipality area under Schedule B (mentioned in the complaint), which is a part of the scheduled A (mentioned in the complaint) property as stated in the Agreement of Sale at a total consideration of Rs. 14,00,000/-. The complainant has paid Rs. 12,70,000/- of the total value and the rest amount of Rs. 1,30,000/- were said to be paid on or before registration of Final Deed of Conveyance within December, 2016. But the Op has failed to give possession of the flat within the date. The complainant sent a legal notice dt. 05.11.2018, but the said notice had been returned with postal remark ‘unclaimed’. The complainant averred that such action on the part of the Op as unfair trade practice and sheer deficiency in service. Hence the complainant has prayed for refund of the deposited amount of Rs. 12,70,000/- with interest along with a compensation of Rs. 3,00,000/- and litigation cost of Rs. 20,000/-.
As per postal track report the summon has been returned with an endorsement as ‘unclaimed’, that tantamounts to good service. In terms of the order no. 02 dt. 18.03.2019 of this Forum, ex parte hearing proceeded against the Op.
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C.C No- 453/2018
The complainant has filed some documents as per his firisti (kept with the record) in support of his cause of complaint. All the documents and evidences filed by the complainant has been taken into consideration in absence of Op’s statements.
Considering the nature and character of this case following points are come out to reach just decision of the case:-
- Is the complainant a Consumers to the Op as per Provision laid down under Section 2(1)(d)(ii)?
- Is the instant complaint within the jurisdiction of this Forum for Trial?
- Is there any deficiency in service on the part of the Op?
- To what other relief/reliefs Complainant in entitled?
Decisions with reasons:
Considering the facts of the case and its nature and character all the points are interlinked to each other for which all the points are taken up together for consideration for the sake of brevity and convenience.
The complainant acquired status as consumer under Section 2(1)(d)(ii) of C.P Act when both the parties executed the agreement for sale of this scheduled property (flat) of A Schedule property by which the complainant wanted to purchase the same from the Op at consideration amount Rs. 14,00,000/- within December, 2016 and part payment to that effect was made by the complainant.
The Ops resides under Nimta P.S, District North 24 Pgs and suit flat also situated at Dum Dum P.S within the same District and the claim amount does not exceed the pecuniary limit of this Forum. As such this Fora has both territorial and pecuniary jurisdiction to Try this case.
It is evident from the documents along with its supporting affidavit filed by the Complainant in firisti that an Agreement for Sale of a flat of 650 sqft at Holding number 322, Alipore (West), Kolkata- 700049 under Ward number 31 of North Dum Dum Municipality under Nimta Police Station, District North 24 Parganas was signed between the Complainant and the Op on 18.07.2014 and it was affirmed in the terms of the Agreement that the Final Deed of Conveyance will be made within December 2016. The purchaser herein the Complainant has deposited Rs. 12,70,000/- to the Op between the period 18.07.2014 and 07.08.2016 in six instalments by cash and cheques out of Rs. 14,00,000/- as considered value of the said flat. The rest amount was to be deposited to the Op on the date of Final Deed of Conveyance which had not been done till the date of filing of this Complaint on 28.11.2018. So, it is clear that the complainant came to an agreement in writing by paying advance money for the purchase of a flat, so, being the Consumer to the Op who have failed to fulfil the terms and conditions of the Agreement dt. 18.07.2014. Here lies a deficiency in service on the part of Op.
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C.C No- 453/2018
Considering the facts and circumstances of this case our considered view is that it should be justified to make direction upon the Op to refund the paid amount to the complainant to avoid multiplicity of cases between the parties in future. The complainant is also entitled to other relief or reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence for ends of Justice it is
Ordered
that the instant case be and same is allowed ex parte with costs.
The Op is directed to refund the advance amount of Rs. 12,70,000/- with a compound interest @ 8% for the period from 07.08.2016 upto the date of this order to the Complainant within 30 days from the date of this order, failing which an additional interest @ 10% will be incurred up to the date of full realisation of the principal amount with an interest accrued thereon as per order stated earlier.
It is further ordered that the Op will pay a compensation amounting 30,000/-(Thirty thousand) only for causing mental pain & agony to the complainant within 30 day from the date of this order, failing which an interest @ 8% P.A will be incurred till the full realisation of the same amount.
The Op is further directed to pay Rs. 5,000/- as litigation cost within 30 days to the complainant.
The Complainant is at liberty to put this order into execution as per Law.
Let the plain copy of this order be supplied to the parties free of cost as per the provision of the CPR, 2005.
The Registry-in-charge of this Office is instructed to send a copy of this order to the Op immediately.
Dictated & Corrected By
Member
We concur
Member President
