TAPAS DUTTA Vs. PHALGUNI DAS

JUDGEMENT

(1.) COMPLAINANT is present in person. In spite of notice the Developer -Promoter, O.P has notcome forward to contest this complaint case. This complaint has been filed by the Complainant for refund of the principal amount that was paid to the aforesaid Developer - Promoter for purchasing the immovable property as per the terms and conditions embodied in the agreement dated 29.2.2004 entered into by and between the parties along with interest accrued thereon from the date of making of payment of the same to the said Developer -Promoter till recovery plus compensation for mental agony and harassment caused to the Complainant. It has been proved in evidence that the aforesaid agreement was entered into by and between the Complainant and the DeveloperPromoter G.P. to construct a flat, as agreed upon, and thereafter to deliver possession of the same to the Complainant within the time prescribed therein. It has also been proved in evidence that the Complainant paid an amount of Rs. 1,00,000 by way of cash to the O.P. who for the same issued a Money Receipt dated 28.2.2004. The balance amount of Rs. 4,95,000 was paid to the O.P. by the Complainant through ICICI Banker's Cheque being No. 085290 dated 27.3.2004. It has also been proved on the materials on record that in spite of payment of the entire amount as being the consideration for sale of the flat to the Complainant by the O.P. as above, the O.P. has not yet delivered the possession of the flat in question to the Complainant nor did any other thing anything in terms of the said contract. The Complainant has accordingly filed a criminal complaint case before the concerned Metropolitan Magistrate, Fifth Court, Calcutta against the O.P. which is still pending for disposal.

(2.) SINCE the O.P. has failed to comply with any of the terms and conditions of the aforesaid agreement in spite of receipt of the entire amount as aforesaid the above complaint case has been filed for refund of an amount of Rs. 15,20,740 as being the principal amount paid by way of consideration for purchasing the flat in question along with interest @ 18% per annum on the said principal for the period from the date when the aforesaid amount was paid to the O.P. till the date of filing of the complaint and further for an amount of Rs. 15,00,000 by way of compensation for the loss suffered by the Complainant in not being able to purchase the flat at the then market value and the consequential harassment caused to him.

(3.) HAVING regard to the aforesaid proved facts as to the entering into an agreement dated 29.2.2004 by and between the parties to this case as also the payment as above and further more the failure of the O.P. to deliver vacant possession of the flat in question to the Complainant in compliance with the terms and conditions of the said agreement, we are of the view that the Complainant is entitled to refund of the entire consideration money as paid to the O.P. for purchasing the flat in question along with interest @ 18% per annum from the date of making payment to the O.P. till the date of filing of the complaint before the State Commission.