Order-9.
Date-11/11/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the Complainant in short is that the OP is engaged in the business of Real Estate consisting of sale of land, ownership of flat etc. and invited public to invest money through their agents and Company’s own officials. The officials of the OP Company convinced the Complainant to purchase a piece of land at Joinpur and there would be everything available right from shopping mall, school hospital, 24 hours security guard, playground, swimming pool would be available and the construction would be completed within 2018-2019 The Complainant booked a piece of land measuring net 2 kottah, plot no. 42 at project in joinpur at a total costs of Rs.8,09,975/-. The Complainant paid Rs.1,25,000/- by cheque no. -77393 dated 27.3.2015 drawn on IDBI Bank, Sree Nagar Branch, Kolkata 700 094 against receipt granted by OP.
The Complainant also paid first installment of Rs.37,875/- by cheque no. 077397 dated 05.5.2015 drawn on IDBI Bank through Srinagar Branch, Kolkata-700 094 against a receipt. But in the receipt, the address of their Corporate office was written as Godrej Waterside, 5th floor, Block – DP, Plot No. 5, Sector, Salt lake City, Kolkata 700 091. The Complainant paid second installment of Rs.20,000/- vide cheque no. 000035 dated 19.8.2015 drawn on Bank of Baroda, Garia Station Road, Kolkata, West Bengal. The OP Company issued a receipt at Vibgyor Housing Ltd. but the office address mentioned Realty House, 59 Elliot Road, Kolkata, West Bengal.
The Complainant submits that he borrowed huge amount of money as loan for making such payment to the OP. In the month of December, 2015 the Complainant came to know that the Bank account of the OP Company has been freezed by the Court due to some litigation and subsequently the Complainant came to know that the officials pf the Company are also absconding. The Complainant in the instant case submits that he has lost total confidence upon the OP and has prayed for refund of his deposited money with the OP Company.
Hence, this case.
None came from the side of the OP to contest the case as proceeded ex parte against the OP.
Point for Decision
- Whether the OP is deficient in rendering service to the
Complainant?
2) Whether the OP Company has indulged in unfair trade practice?
3) Whether the OP is entitled to get relief as prayed for?
Decision with reasons
We have travelled over the document of record i.e. photocopy of individual/co-application form, photocopy of money receipts issued by OP Company, and other documents on record.
It appears that the Complainant booked a piece of land measuring 2 kottah at plot no. 42 at project name joinpur,149,Garia, Sonarpur Municipality, Rajpur on 27.3.2015 and the total cost was fixed at Rs.809975/-. It also appears that the Complainant paid Rs.125,000/- by cheque no 077393 dated 27.3.2015 drawn on IDBI Bank, Sree Nagar Branch, Kolkata – 700 094 as booking money. It is also appears that Complainant paid subsequently, first and second installments amounting to Rs.31875 and Rs.20,000/- on 05.5.2015 and 19.8.2015 respectively.
It appears that the OP did not develop the project or undertook any development work at the site in question. It is also alleged that the Office of the OP is sealed and the Board of Directors have been absconding. It is also stated by the Complainant that he tried to contact the OP party, but failed. It appears that the OP Company has utilized the deposited money of the Complainant for its own ulterior gain with ulterior motive without undertaking any construction work or development work at the project in question. We think that it is an act of sheer act of deficiency of service. We are also constrained to say that the OP Company has indulged in unfair trade practice by collecting money from the Complainant in the name of the project in question, but failed to undertake any development work at the subject project.
None came from the side of the OP Company to challenge or controvert the case of the Complainant. The evidence of affidavit filed by the Complainant remain unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents filed from the side of the Complainant, we are constrained to hold with the OP Company as shown a gesture of unfair trade practice and has also exhibited a gesture of deficiency in service. We think that the Complainant is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
The instant case be and the same is allowed ex parte but on merit against the OP. OP is directed to refund the amount of Rs.1,82,875/- along with interest at the rate of 10 percent p.a. with effect from dated 27.03.2015 till compliance within one month from the date of this order.
OP is also directed to pay an amount of Rs.50,000/- as compensation apart from litigation cost of Rs.5,000/- to the Complainant within the said stipulated period.
OP is further directed to pay an amount of Rs.50.000/- as punitive damage to this Forum for practicing unfair trade practice.
Failure to comply the order will entitle the Complainant to initiate proceedings Under Section 25 read with Section 27 of CP Act.
