IMPORTANT POINT
Flat Buyers Agreement – Complainants cannot be expected to wait for possession of apartment/flat for indefinite period of time.

JUDGMENT

Shaymal Kumar Ghosh, Member—The instant consumer case has been instituted by the complainant U/S 12 of the Consumer Protection Act, 1986 against the Opposite Parties praying for refund of Rs. 6,52,980/- alongwith interest @ 8% per annum, Rs.10,000,00/- towards compensation, Rs. 4,00,000/- towards litigation cost, etc.

2. To sum up the matter , it is stated that OP No. 1 is a Pvt. Ltd. Company. Opposite Parties No. 2 & 3 both are directors of the OP No. 1/developer company. The Complainants both have entered into an agreement with the OP No. 1 on 02.05.2017 for purchasing 3BHK flat having an area of 900 sq.ft. more or less situated at 5th floor Block No. 19 within the District South 24 Parganas. The consideration amount has been fixed at Rs. 34,40,000/- and as per terms and conditions of the said agreement, the complainants have paid Rs. 6,44,000/- on the different dates. Apart from said payment of consideration amount the OP/developer company has claimed service charges amounting to Rs. 28,980/- and accordingly the complainants have paid the same through cheque. As per terms and conditions of the aforesaid agreement the development work would be completed within 42 months from the date of execution of the said agreement and it also bounded duty of the OPs to deliver the possession of the flat to the complainants within the stipulated period of time upon payment of full and final consideration amount. In the month of August, 2018, the complainants both have visited the project place but they have found that no project work has not yet been started. The matter has been communicated to the OPs. But the OPs have failed to state proper reasons regarding this matter. The complainants, thereafter, have submitted an application on 03.01.2019 for refund of consideration amount alongwith service charge but the OP/developer company did not pay any single penny . There is a clear gross negligence and deficiency in service on the part of the OPs and accordingly the complainants have knocked at the door of this Commission for getting proper relief/reliefs as prayed for.

3. The order no. 10 dated 03.08.2022 reveals that the case would proceed exparte against all the OPs as no written version has been filed by all the OPs.

4. Ld. Advocate appearing for the complainants has argued that the complainants have entered into an agreement with the OP No. 1 on 02.05.2017 for purchasing a flat measuring area 900 sq.ft. more or less situated at 5th floor, Block 19 within the jurisdiction of Bhagbanpur Gram Panchayat , Dist. South 24 Parganas at a total consideration amount of Rs. 34,40,000/- and as per terms and conditions of the said agreement, the complainants have paid Rs. 6,44,000/- alongwith service charges amounting to Rs 28,980/- to the OP No. 1/developer company. The aforesaid agreement clearly indicates that the project work/development work would be completed within 42 months from the date of execution of the said agreement. But in vain. The Ld. Advocate has further submitted that the aforesaid unit of the flat was supposed to be handed over to the complainants within the aforesaid stipulated period of time upon payment of full and final consideration amount. The said agreement has been executed on 02.05.2017 and the complainants have visited the project place in the month of August, 2018 but it was very unfortunate that no project work/development work has been started. On several occasions the complainants have requested to the project work in habitable conditions but too no effect. Having no other alternative the complainants have compelled to submit an application on 03.01.2019 for refund of consideration amount alongwith service charge. For the said flat. But till date the Opposite Party/developer company did not pay in single penny to the complainants. There is no hope to get the flat in habitable condition and accordingly the complainants have filed this consumer case against the Opposite parties praying for certain reliefs wh