M/S. PINAKI ENTERPRISE Vs. SUTAPA DAS

JUDGEMENT

(1.) Learned counsel for the petitioner present. Arguments heard on admission of this case.

(2.) Smt. Sutapa Das and Shri Somenath Prasad Bose, the complainants, entered into an agreement with M/s Pinaki Enterprise, opposite party No. 1 on 15.9.2006 to purchase a flat. The total price of the flat was Rs.6,75,000/ -. It was agreed that the flat will be allotted to them within 18 months. The complainants paid a sum of Rs.4,75,000/ -. The flat was not ready within the period of 18 months. Therefore, the complainants sent notice asking the petitioner/opposite party to refund the money alongwith interest @ 18%, in April, 2012 i.e. after six years of the agreement.

(3.) Ultimately, the complaint was filed before the District Forum in the year 2012. The opposite parties 1, 2, 3 and 4 are the owners of the land in dispute. The opposite parties 1, 3 and 4 appeared before the District Forum. They denied that they have any privity of contract with the complainants. The opposite party No. 2 did not appear. Likewise, opposite party No. 5, the builder also did not appear. Consequently, opposite parties No. 2 and 5 were proceeded against ex parte.