SOURAV CHAKRABORTY & ANR. Vs. SWETA CHAKRABORTY

JUDGEMENT

(1.) The complainants in CC No.1555 of 2016 namely Sourav Chakraborty and his wife Sweta Chakraborty booked a residential flat with the OP, in a project namely 'Uniworld City - Cascade' which the OP is developing in New Town, Kolkata. A letter of allotment dated 31.07.2008 was issued to him allotting Flat No.1501 in Tower No.08, admeasuring 2,249 sq. ft., for a total consideration of Rs.79,20,728.00, inclusive of club membership fee. The aforesaid allotment was followed by the execution of a formal agreement dated 22.08.2008. As per clause 5.a of the agreement, the possession was to be delivered to the complainants by 30.09.2011. Clause 5.e of the agreement provided that if for any reason, the developer was not in a position to offer the apartment, it was to either offer an alternative property or refund the amount in full with simple interest @ 10% per annum without any further liability to pay any damages or compensation. Neither possession having been delivered nor any alternative accommodation having been offered to the complainants, they are before this Commission seeking possession of the flat booked by them along with compensation or in the alternative refund of the amount of Rs.60,43,905.00 paid by them alnog with compensation on that amount.

(2.) The complainants in CC No. 1556 of 2016 namely Atanu Mukherjee and his wife Subhashree Mukherjee also booked a residential flat in the above referred project of the OP and a letter of allotment dated 08.09.2008 was issued to them allotting a residential flat for a total consideration of Rs.79,42,769.00. They also entered into a Buyers Agreement with the OP on 17.10.2008. As per the Buyers Agreement, the possession was to be delivered to them by 30.09.2011. The aforesaid agreement also carried a clause for offering an alternative accommodation or refunding the amount paid by the allottee with 10% interest in case of the failure of the OP to deliver the flat. In their case also, neither possession of the flat booked by them has been delivered nor has any alternative accommodation been offered to them. They are also before this Commission seeking identical reliefs. They have paid a total sum of Rs.75,78,295.00 to the OP.

(3.) The OP did not file its written version within the prescribed period or even within 15 days thereafter. The right of the OP to file the written version therefore, was closed by this Commission vide order dated 19.12.2016.