ORDER

Samiksha Bhattacharya, Member

The instant complaint has been filed under Section 17(1)(a)(i) of C.P Act of 1986 (wrongly written as under Section 12 read with Section 13) alleging deficiency in service against the OPs.

The case of the complainant, in brief, is that the OP No. 1 is a partnership firm and OP No.2 is the partner of OP NO.1 and OP No. 3 is the another partner in the setup of OP no.1. OP Nos. 4 and 5 are the land owners of the premises in question as per Joint Venture Agreement entered by and between the OP Nos. 1, 2 & 3 and OP Nos. 4 & 5. The Complainant was in search of residencial flats for their joint family and accordingly OP Nos. 2 and 3 approached the Complainant and her husband for taking flats in their project namely ‘CHAR ADHAY” upon the land comprising about 5 cottah 14 chittack land area in New Town area as well as in Rajarhat Bishnupur 1 no. GRAM PANCHAYET, 1, Mouja – Rekjuani, J.L No. – 13, HAL TOUJI NO. 10 in Government of west Bengal through District Collectorate of North 24 Parganas in L.R Dag No. 218.

The complainant entered in to agreements for sale on 20.11.2016 and 13.02.17 with the OPs. The Complainant had earlier been authorized by 2 other persons and / or near relatives for entering in to two other agreements in issue with these OPs. Out of these three flats the Complainant is entitled to get one flat i.e ‘ 1A’ On the first floor of the subject premises and other two relatives were subjected for two other flats. The consideration of the flat number being 1A has been settled at Rs. 20,05,000/-. The consideration of flat No. 2B was settled at Rs. 20,05,000/- and the consideration of flat being number 3C was settled at Rs. 19,20,000/-. Out of total consideration of Rs.59,30,000/- the Complainant paid Rs. 16,00,000/- to the OPs as an advance consideration and rest amount of Rs. 43,30,000/- was due as rest consideration.

As per agreement for sale it was agreed upon that the flats would be delivered within two (2) years from the date of execution of each agreement upon receipt of rest consideration money. However, the time has expired in respect of two agreements in November 2018 and in respect of other agreement in February 2019. The Complainant was / is keen to render rest consideration amount and repeatedly approached the OP Nos. 2 and 3 verbally and also in writing for receiving the rest consideration by the OP Nos. 1,2 &3 and to handover the necessary possession and to execute the deed conveyance. But, no positive reply has come to the complainant. Upon expiry of agreed scheduled time the complainant sent two letters in April 2018 and in January 2019 but no reply was available from the side of the Ops. Complainant has waited for enough reasonable time and she became helpless victim in the hands of the OPs. The cause of action arose on 20.11.2016 and 13.02.2017 and it continues recurrently day by day. Being a layman the complainant has filed the instant case after waiting a long period. Hence, the Complainant has filed the instant application praying for direction upon OPs for accepting rest consideration money upon immediate delivery of possession of the subject flats in favor of the Complainant along with compensation of Rs. 6,00,000/- and litigation cost of Rs.50,000/- or any other relief to which the Complainant is entitled to get under law, equity and natural justice.

Upon receipt of notice OP Nos. 1, 2 and 3 appeared and contested the case by filing written version. In spite of receipt of notice the OPs No. 4 and 5 did not appeared before this Commission nor filed their written version. Hence, the case has been proceeded ex parte against the OP Nos. 4 and 5.

In their written version OP Nos. 1, 2&3 denied all material allegations inter alia stated that this Commission has neither territorial nor pecuniary jurisdiction to try the instant case. The Complainant and her husband never approached these OPs for taking the alleged flats in the project in question. They invested the lump sum