State Consumer Disputes Redressal Commission
Sri Manilal Ghosh vs Smt Reba Paul on 28 September, 2015
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Complaint Case No. CC/120/2012 1. Sri Manilal Ghosh North Krishna Pally, Bank Colony, P.O. & Dist. - Maldah, West Bengal. 2. Mrs. Nibedita Ghosh North Krishna Pally, Bank Colony, P.O. & Dist. - Maldah, West Bengal. ...........Complainant(s) Versus 1. Smt Reba Paul W/o Late Jiban Krishna Paul, C/o. Sri Dipti Bhusan Bhowmik, Noapara Kalibari Road, P.O. & P.S. - Barasat, Dist. North 24 Pgs., Pin - 700 124. 2. Sri Jayanta Paul S/o Late Jiban Krishna Paul, Noapara Kalibari Road, P.O. & P.S. - Barasat, Dist. North 24 Pgs., Pin - 700 124. 3. Smt. Rupa Paul W/o Sri Sujit Paul, Noapara Kalibari Road, P.O. & P.S. - Barasat, Dist. North 24 Pgs., Pin - 700 124. 4. Smt. Jhuma Das W/o Sri Bishwadeep Das, Noapara Kalibari Road, P.O. & P.S. - Barasat, Dist. North 24 Pgs., Pin - 700 124. 5. Sri Deshbandhu Das S/o Late Nemailal Das, 50A, Pioneer Park, P.O. & P.S. - Barasat, Dist. North 24 Pgs. ............Opp.Party(s) BEFORE: HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER HON'BLE MR. JAGANNATH BAG MEMBER For the Complainant: Mr. Prabir Basu Mr. Tarun Chakraborty, Advocate For the Opp. Party: Mr. G. Gupta Roy, Advocate Mr. G. Gupta Roy, Advocate Mr. G. Gupta Roy, Advocate Mr. G. Gupta Roy, Advocate Mr. G. Gupta Roy, Advocate ORDER MR. DEBASIS BHATTACHARYA, PRESIDING MEMBER
28.09.2015 It is the case of the Complainants that an agreement dated 14.03.2011 for sale was executed between the Complainants and the OP No.5 in respect of a flat bearing Flat No.201, measuring 1000 sq. ft. (approx) super built-up area, containing 2 bedrooms, one at drawing-cum-dining room, one balcony, 2 toilets (of which one attached) with proportionate share of land and common benefits of stair case passage etc., and common areas in the property to be developed at Kadambagachi, Pargana-Anwarpur, Touzi No.146, J.L.No.83, Mouza-Nowapara, District- 24 Parganas (North),@ Rs.1,200/- per sq. ft., i.e., at a total consideration of Rs.12,00,000/-, and payment of Rs. 6,50,000/- was paid, which the OP No.5 acknowledged by issuing a money receipt No.463 dated 14.03.2011 and agreed to pay the balance amount of Rs.5,50,000/- by 31.10.2011, i.e., upon completion of construction of the flat and the same is ready for delivery of possession. But, the OP No.5 failed and neglected to complete the construction of the flat and to deliver possession of the same to the Complainants. Then, all on a sudden with utter dismay, the Complainants received a letter dated 29.02.2012 from the OP No.5 informing unilateral termination of the agreement of sale dated 14.03.2011, without refunding back the amount so received by him from the Complainants towards part-payment of the consideration money with interest thereto, which was challenged by a letter dated 07.03.2012. Thereafter, as a good gesture, the Complainants ultimately paid a further sum of Rs.3,00,000 /- to the OP No.5 with the insurance that he would complete the flat and deliver the same by the end of June, 2012, such payment was acknowledged on the backside of the agreement for sale. Apart from Rs.9,50,000/-, as has been paid to the OP No.5 towards part-consideration money, the Complainants have also paid Rs.3,10,000/- , but no receipt has been issued. Ultimately, the Complainants sent a legal notice dated 21.08.2012 to the OP No.5 with copy to the OP Nos.1 to 4 demanding compliance of the agreement dated 14.03.2011 within 15 days from the date of receipt, etc. On 28.08.2012, the Complainants have received a letter dated 03.08.2012 from the OP No.5 intimating unilateral termination of the agreement, but without refunding back the money amounting to Rs.12,60,000 received by him from the Complainants. Hence, the case.
The case of the OP No.5, on the other hand, is that he suffered leg injury restricting his free movement and is practically confined to bed, besides having several other ailments like hypertension, short of vision and uncontrolled blood sugar, which practically restrained him from normal living without help of others and has been compelled to give up his business. Accordingly, he intimated in writing requesting the OP Nos. 1 to 4 to proceed with the construction work by themselves, if possible. He is ready and willing to refund the sum of Rs.10,92,500/- within 15.06.2013, which includes the agreed rate of interest of 12% per annum on the total amount received from the Complainants, i.e., Rs. 9,50,000 /-. It is prayed that an appropriate order be made in the instant complaint case.
The following points are only required to be considered in the case :-
Are the Complainants entitled to the award as prayed for ?
What other reliefs, if any, are the Complainants entitled ?
Decision with reasons Point nos. 1 & 2 Both the points are taken up together for their inter-relatedness.
It is the Complainants' case that they paid a sum of Rs.12,60,000/- to the OP No.5, but for the payment of Rs.3,10,000/-, there is no document. Admittedly, the Complainants paid a sum of Rs.9,50,000 /- to the OP No.5 and received appropriate acknowledgements thereof. But, there is at all no proof of paying in addition a sum of Rs.3,10,000 to the OP No.5 by the Complainants , which he denied to receive. There is no meaning of such assertion and allegation of the Complainants in respect of this sum of Rs. 3,10,000/-, when the earlier payments were duly acknowledged. Complainant no.1 happens to be an Advocate. So, the facts and circumstances do not indicate payment of Rs.3,10,000/- to the OP No.5 by the Complainants. In fact, the OP No.5 in reply to the questionnaire of the Complainants regarding such payment has categorically said that he did not receive a single copper from the Complainants without money receipt, which is taken for granted. The OP No.5 also agreed to refund the total amount of Rs.9,50,000 /-along with agreed rate of interest of 12% per annum in his w.v. This is so as per the terms and conditions of the agreement for sale between the parties. It is also found that the OP No.5 has fallen to illness and withdrawn from the development work of the site. Accordingly, the Complainants will be entitled to get a sum of Rs.9,50,000 /- along with interest @ 12% per annum w.e.f. from 21.03.2012, i.e., when the last payment of Rs.3,00,000/- was received by the OP No.5 from the Complainants.
Hence, O R D E R E D that the Complaint Case be and the same is allowed on contest against the OP No. 5 with a cost of Rs. 10,000/-.
The Complainants will be entitled to get a sum of Rs.9,50,000/- from the OP No.5, along with interest @ 12% per annum w.e.f. 21.03.2012, i.e., when the last payment of Rs.3,00,000/- was received by the OP No.5 from the Complainants. Such payments are to be made by the OP No.5 to the Complainants within 45 days from this date. [HON'BLE MR. DEBASIS BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. JAGANNATH BAG] MEMBER