JUDGMENT

Manojit Mandal, President.—The complaint case under section 17 of the Consumer Protection Act, 1986 (in short, ‘the Act’) has been filed by the Complainant against the opposite parties praying for the following reliefs:-

“a) For direction upon the Opposite Parties to cancel the Agreement for Sale and refund the amount of Rs.10,00,000/- along with interest @18% p.a. from 12.07.2016 till realization which was received by the Opposite Parties from the Complainant;

b) For direction upon the Opposite Parties to pay to the Complainant Rs.5,00,000/- (Rupees Five Lacs) only in the form of harassment and mental pain and agony along with litigation cost of Rs.50,000/- (Rupees Fifty Thousand) only;

c) For direction upon the Opposite Parties to pay Rs.2,00,000/- in the Consumer Welfare Fund as penalty for unfair trade practice;

d) The costs of and incidental to the Complainant;

e) Such further and other directions/

orders as this Hon’ble Commission

may deem fit and proper in order to extend complete justice to the Complainant.”

2. Briefly stated the complaint case, in short, is that the Complainant and the opposite parties entered into an Agreement for Sale dated 01/09/2016 to sell a flat on the ground floor with a consideration amount of Rs.14,00,000/- and to that effect the Complainant paid an amount of Rs.9,90,000/- through two cheques to UBI, Dum Dum Branch being cheque No.801437 & 801438 dated 15/08/2016.

3. Further case of the Complainant is that the Complainant on 08/07/2016 made a payment of an amount of Rs.10,000/- through a cheque dated 12/07/2016. Accordingly, the Complainant paid a total amount of Rs.10,000/- as earnest money for the said flat to the opposite parties. According to the terms and conditions of the said Agreement for Sale the said flat was to be delivered within October, 2018 on receiving the balance consideration amount from the Complainant. but the Opposite Parties did not hand over the possession and did not register the Deed of Sale in respect of the said flat in favour of the Complainant within October, 2018. As such, the Complainant sent a letter on 20/12/2018 to the Opposite Parties for cancellation of the booking of the flat and refund of the said amount paid by the Complainant along with interest. But the Opposite Parties failed and neglected to deliver the said flat within the stipulated period i.e. within October, 2018. The said letter dated 20/12/2018 was received by the Opposite Parties but the Opposite Parties did not give any reply to the said letter.

4. Further case of the Complainant is that the Opposite Parties are guilty of deficiency in service, unfair trade practice and the Opposite Parties have also failed and neglected to provide proper service to the Complainant on receiving the balance amount of consideration money. Hence this case.

5. Notices were duly served upon the Opposite Parties but the Opposite Party Nos.2, 3 and 5 to 18 did not turn up and did not contest the case by filing written version. As such, the case was proceeded ex parte against the Opposite Party Nos.2, 3 and 5 to 8.

6. The Opposite Party Nos.1 & 4 entered appearance in this case and contested the case by filing written version. The case of the Opposite Party Nos. 1 & 4 are that the Complainant and the Opposite Party Nos.2 to 4 put their signature on and incomplete Agreement for Sale for purchase of a self-contained constructed flat at the ground floor measuring an area of 700 sq. ft. super built up area and the process has been settled at Rs.2000/- per sq. ft. totaling Rs.14,00,000/- and paid Rs.10,00,000/- as advance amount. Thereafter, the Complainant requested the Opposite Party No. 3 to mention the site specifically and as per demand, the Opposite Party No. 3 mentions south-east corner and put his signature on both side of that paragraph of page 4. But the Complainant thereafter further put pressure upon the Opposite Party No. 3 to change the site from south to east corner to south-west corner. O