Date of Filing : 18/05/2023

Date of Judgment : 25/06/2024

Mrs. Monihar Begum, Hon’ble Presiding Member

BRIEF FACTS

The petitioners had made an agreement for sale on 04/12/2020 with OP No.1 & OP2 in respect of one self contained flat measuring about 750 sq.ft. of super built up area, more or less comprising two bed rooms, one drawing cum living room, one kitchen, one toilet, one verandah with all facilities and amenities at Premises No.19/1Z, Jheel Road, 2/48 Sahid Nagar, Kolkata-700031,P.S. Garfa, formerly Kasba, at a consideration of amount of Rs.18,00,000/- (Eighteen lacs) only out of which  the petitioners initially paid Rs.13,00,000/- (Thirteen lacs) only and which was duly acknowledged by issuing valid receipt to that effect by the said OPs.  OPs also agreed to deliver the said flat to the petitioners within 12 months from the date of agreement.

OP1 & OP2 failed to complete the project till date. Petitioners on several occasions requested the said OPs to settle the matter on negotiations and also for refund of the money but the OPs had the intention to deceive and defraud the petitioners withholding the said amount of Rs.13,00,000/-(Thirteen lacs) and the said act and conducts on the part of the OP1 & OP2 amounts to deficiency in service and unfair trade practice.

OPs did not contest the case by filing written version.

Point of consideration is whether the petitioners are entitled to any relief(s).

FINDINGS

Petitioners produced their evidence on affidavit and also the documents including the agreement for sale dated 04.12.2020 from which we found the said agreement was entered into by the petitioners and the OP No.1 & 2/Developers of the project where the petitioners had booked their flat. In the written argument, the petitioners stated all the facts. 

It was further found from the documents produced by the petitioners that OPs had also agreed to refund the entire amount of Rs.13,00,000/- (Thirteen lacs) which was paid for the flat.  It was further found that OP admitted the amount having been paid to them by the petitioners but they had failed and neglected to complete the project work within the stipulated period as per Agreement for Sale dated 04.12.2020. 

Petitioners claimed refund of the said amount from the OPs in this case. 

We think, considering the materials on record, petitioners are entitled to get refund of the said amount along with interest @9% p.a. from the date of agreement i.e. 04.12.2020 and also entitled to get Rs.50,000/- for mental pain and agony and Rs.10,000/- for litigation cost.  It is OP No.1 & OP2 who are liable to pay the said amount.  As OP3, OP4, OP5 & OP6 are landowners who did not get money from the petitioners, instant case against them is liable to be dismissed.

Accordingly it is

                                        ORDERED

The instant complaint case is allowed exparte against the OP1 & OP2 and dismiss against OP3 to OP6.

OP No.1 & OP No.2 are liable to pay the entire amount.

OP No.1 & OP No.2 are hereby directed to pay the amount of Rs.13,00,000/-(Thirteen lacs) along with interest @9% p.a. from the date 04.12.2020 to the petitioners within 30 days from the date of this order.

Opposite Parties are also directed to pay Rs.50,000/- for mental pain and agony and Rs.10,000/- for litigation cost to the petitioners. Also within the said period.

The aforesaid payment shall be made by the opposite parties within 45 days from the date of this order failing which the petitioners shall be at liberty to proceed in accordance with law.

And also if the ordered is not complied by the said OPs within the above period they are liable to pay the interest of the entire amount @Rs.12% p./a. until realization.

Directed and corrected by me

          Member