State Consumer Disputes Redressal Commission
Mr Rajeev Shrivastava vs State Bank Of India, Racpc Kolkata on 22 December, 2023
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Complaint Case No. CC/138/2023 ( Date of Filing : 09 Nov 2023 ) 1. MR RAJEEV SHRIVASTAVA 8A2, FJORD TOWER, HILAND PARK, 1925, CHAKGARIA, PO SANTOSHPUR, PS SURVEY PARK, KOLKATA 700094 KOLKATA WEST BENGAL ...........Complainant(s) Versus 1. STATE BANK OF INDIA, RACPC KOLKATA 51A, CHOWRINGHEE ROAD, KOLKATA -700030 KOLKATA WEST BENGAL 2. HEAD CUSTOMER SERVICE, S.E BUILDERS & REALTORS LIMITED ECOSPACE BUSINESS PARK, BLOCK 4B, GROUND FLOOR, NEW TOWN KOLKATA WEST BENGAL 3. S.E BUILDERS & REALTORS LIMITED VISHWAKARMA, 86C TOPSIA ROAD SOUTH POST OFFICE TANGRA POLICE STATION TOPSIA KOLKATA WEST BENGAL 4. CUSTOMER CARE, AMBUJA NEOTIA ECOSPACE BUSINESS PARK, BLOCK 4B, NEW TOWN KOLKATA WEST BENGAL ............Opp.Party(s) BEFORE: HON'BLE MRS. SAMIKSHA BHATTACHARYA PRESIDING MEMBER HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER PRESENT: SARBARI DATTA ADVOCATE, Advocate for the Complainant 1 None appears ......for the Opp. Party Dated : 22 Dec 2023 Final Order / Judgement SAMIKSHA BHATTACHARYA, MEMBER
Today is fixed for passing necessary order.
The Complainants have filed the instant complaint U/S 47 read with 35 of C.P.Act, 2019 against the OPs alleging deficiency in service and prayed for following reliefs:
"To recall and discontinue with the Notice of cancelation of the allotment of complainant's flat dated 16.06.2023 issued by the OP N. 3 in spite of receiving more than 80% of the payment demanded by the builder and thereby attempting to unduly forfeit substantial sum of already received from the complainants, not to repeat them in any manner whatsoever;
To recall and discontinue with the instruction of OP No. 1 vide their letter dated 21.08.2023 invoking the tripartite agreement unduly holding complainants as unable to pay the EMI to the OP No. 1 and not to repeat them in any manner whatsoever;
To pay compensation to the complainants for a sum of Rs.50,00,000/- or any such sum as the Ld. Commission may deem fit and proper, for causing harassment and mental agony to the complainant, by adopting such unfair trade practice by the opposite parties;
To pay cost of proceedings, Rs.50,000/- and Any such further order or orders as this Hon'ble Forum may deem fit and proper in the interest of justice". Upon hearing the Ld. Advocate for the complainants and on perusal of the entire materials on record it appears to us that the total consideration of the flat along with the car parking space in question is Rs.2,71,53,603.65/- including allied charges as per Annexure 1 with the agreement for sale. In response to the application of the complainants and upon receipt of booking amount of Rs.26,16,082/- the OP No. 3 issued the allotment to the complainants in respect of the apartment being No. UTL032407 at Utalika Luxury Phase- 4. Complainants themselves have annexed the document wherefrom it appears to us that they have applied for home loan amounting to Rs.2,00,00,000/- (running page No. 54 Annexure - C of the complaint petition).
From the letter dated 21.08.2023 issued by OP No. 1 it appears to us that OP No. 1 requested to refund the total amount of Rs.1,59,03,851/- plus interest thereon including also any amount paid by the borrowers. This letter was issued to authrised signatories of West Bengal Housing Board, Bengal Ambuja & Housing Development Ltd. And S.E. Builders and Realtors Ltd and the copy of the same was forwarded to the complainants.
Though the complainants, in their petition, have mentioned that they have already paid 80% of the total consideration and, therefore, letter for cancellation of the flat and any harassment created by Bank Authority is illegal. But it is astonishing that complainants have not filed a single scrap of paper wherefrom it would be evident that complainants are paying the EMIs regularly. The complainants ought to have filed the Loan account statement in respect of loan in question for purchasing the apartment in question. The complainants have neither filed Loan Agreement Towards purchasing the case flat nor filed any present loan repayment status. In absence of any account statement towards payment of regular EMIs by the complainants along with "No Due Certificate" as on date in respect of the loan in question, it is not clear that complainants have paid the amount diligently and in spite of the same, the OPs No. 3 has issued the notice of cancellation of complainants' flat dated 16.06.2023 and OP No.1 has sent their letter dated 21.08.2023 invoking the tripartite agreement. No document shows that the complainants have paid the EMIs regularly and diligently and in such situation the letter dated 16.06.2023 issued by OP No. 3 and the letter dated 21.08.2023 issued by OP No.1 cannot be said that those are issued arbitrarily and illegally. Therefore, we find no deficiency in service on the part of OPs No. 1 & 3 to make out a prima facie case of the complainants.
In view of above, the present complaint is dismissed being not admitted.
[HON'BLE MRS. SAMIKSHA BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. SHYAMAL KUMAR GHOSH] MEMBER