Ld. Advocate(s)
For Complainant: Rajdeep Majumder
For OP/OPs : None
Date of filing of the case :03.08.2022
Date of Disposal of the case :10.08.2023
(2)
Final Order / Judgment dtd.10.08.2023
Complainant above named filed this complaint against the aforesaid opposite party u/s 35 of the Consumer Protection Act, 2019 praying for direction to the OP to complete all the pending construction work or to refund Rs.15,95,000/- along with interest at the rate of 18% per annum, compensation amounting to Rs.5,00,000/- and other reliefs.
He alleged that OP had started construction of a flat over LR plot no.163 of Mouza Uttar Ghoshpara, P.S. Chakdaha, and District Nadia. Complainant booked one flat in the said project valued at Rs.17,20,000/-. Out of said amount complainant paid Rs.15,95,000/- but till date OP did not complete the said project nor handed over the same to the complainant through Registered Deed. Out of sale price of Rs.17,20,000/-. Complainant paid Rs.15,95,000/- and he is ready to pay balance amount of Rs.1,25,000/-. He sent a legal notice to the OP but did not get any fruitful result. Hence, this case.
Case is running ex-parte against the OP vide order no.4 dated 11.10.2022.
Trial
During trial complainant filed affidavit in chief.
Complainant filed certain documents at the time of filing of this case.
He also produced certain original documents during trial.
Documents
Complainant at the time of filing of this case filed the following documents.
- Xerox copy of Agreement dated 28.10.2017..........(Thirteen pages)
- Xerox copy of Money Receipt dated 05.09.2016 & Bank document.........(Two sheets)
- Xerox copy of Money Receipt dated 12.09.2016 & Bank document..........(Two sheets)
- Xerox copy of Money Receipt dated 28.09.2016 & Bank document...........(Two sheets)
- Xerox copy of Money Receipt dated 05.10.2016 & Bank document.........(Two sheets)
- Xerox copy of Money Receipt dated 21.10.2016 & Bank document.........(Two sheets)
- Xerox copy of Money Receipt dated 31.10.2016 & Bank document..........(Two sheets)
(3)
- Xerox copy of Money Receipt dated 06.04.2018 & Bank document..........(Two sheets)
- Xerox copy of Postal Receipt.........(One sheet)
10)Xerox copy of Track Report..........(One sheet)
11)Xerox copy of Legal Notice issued by Ld. Adv. Rajdeep Majumder dated07.10.2021........(Two sheets)
12)Original copy of Postal Receipt..........(One sheet)
13)Original copy of Track Report............(One sheet)
Complainant produced the following documents during trial:-
1) Original copy of MOU dated 28.10.2017.............(Thirteen sheets)
2) Original copy of Money Receipt dated 05.09.2016 & Bank document.........(Two sheets)
3) Original copy of Money Receipt dated 12.09.2016 & Bank document.........(Two sheets)
4) Original copy of Money Receipt dated 28.09.2016 & Bank document.........(Two sheets)
5) Original copy of Money Receipt dated 05.10.2016 & Bank document.........(Two sheets)
6) Original copy of Money Receipt dated 21.10.2016 & Bank document.........(Two sheets)
7) Original copy of Money Receipt dated 31.10.2016 & Bank document.........(Two sheets)
8) Original copy of Money Receipt dated 06.04.2018 & Bank document.........(Two sheets)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant. We have carefully considered these documents.
(4)
On perusal of affidavit in chief, we find that complainant corroborated the allegation of complaint which he made in the petition of complaint. The affidavit in chief filed by the complainant is nothing but unchallenged testimony and we did not find any reason to disbelieve the same.
On perusal of original agreement dated 28.10.2017, we find that one agreement took place in between the complainant and OP and OP was agreed to sale one flat in favour of the complainant with the consideration of Rs. 17,20,000/-.
On perusal of document dated 05.09.2016, we find that complainant paid Rs.2,00,000/- on 05.09.2016 for booking of aforesaid flat. In the said document it has noted how the remaining payment shall be made.
On perusal of document dated 12.09.2016, we find that complainant paid Rs.2,00,000/- in favour of the OP.
On perusal of document dated 28.09.2016, we find that complainant paid Rs.3,00,000/- in favour of the OP.
On perusal of document dated 05.10.2016, we find that complainant paid Rs.2,00,000/- in favour of t he OP.
On perusal of document dated 21.10.2016, we find that complainant paid Rs.2,25,000/- in favour of the OP.
On perusal of document dated 31.10.2016, we find that complainant paid Rs.2,00,000/- in favour of the OP.
On perusal of document dated 06.04.2018, we find that complainant paid Rs.2,20,000/- in favour of the OP.
From the aforesaid discussion, it is clear before us that complainant paid Rs.15,95,000/- in favour of the OP. I find from the affidavit in chief of the complainant that in spite of aforesaid payment OP not yet complete the construction work nor handed over the same in favour of the complainant.
On perusal of copy of legal notice dated 07.10.2021, we find that complainant requested the OP to complete the construction work and to take steps for execution of registered deed in favour of the complainant . It has been alleged in the affidavit in chief that in spite of aforesaid legal notice OP did not take any steps.
I find from the record that complainant is the consumer and OP is the service provider.
(5)
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance by sufficient documents and he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.10,000/-(Rupees Ten thousand) to be paid by OP in favour of the complainant.
OP is directed to complete the aforesaid construction work within 45 days from this date and take to steps for registration of sale deed after taking of Rs.1,25,000/- (Rupees One lakh twenty five thousand) from the complainant and to hand over the said flat in favour of the complainant or refund the sum of Rs.15,95,000/- (Rupees fifteen lakh ninety five thousand) along with interest at the rate of 12% from the date of receipt of aforesaid amount to till the date of actual payment.
OP is further directed to pay Rs.2,00,000/- (Rupees Two lakh) in favour of the complainant as compensation for his harassment, mental pain and agony within 45 days from this date.
OP is directed to comply the aforesaid direction within the specified date failing which complainant shall have liberty to put the aforesaid order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
