DIPANKAR CHAKROBORTY vs K.K. ESTATE AND DEVELOPERS LTD.

THIS is an original complaint arising out of a dispute regarding non-delivery of the flat by the O.P. to the complainant within due time as per the allotment letter. The fact of the case in brief is stated below.

THE complainant got in touch with the O.P. Nos. 1, 2 and 3 for purchasing a flat and after discussion they have agreed to sell a flat. On March, 14, 1999 the O.P. Nos. 1 and 2 issued an allotment letter with regard to the aforesaid flat. In that letter it was stated by the O.Ps. that the earnest consideration for booking of the flat is Rs. 31,000/-, as initial payment, and another Rs. 65,000/- was to be paid within 15.4.1999. THE balance amount was to be paid in 18 bi-monthly instalments of Rs. 48,000/- each starting from 15.6.1999. It was further stated in the said allotment letter that the possession of the flat would be given to the complainant on 14.4.2002. THEreafter the O.P. No. 2 sent a letter wherein it was stated that they would offer special reduction of the price to the officers and staff of M/s. Tata Consultancy Services and ultimately reduced the cost of the flat from Rs. 9.60 lacs to Rs. 8.70 lacs. Next the O.P 1 reduced the bi-monthly instalments from Rs. 48,000/- to Rs. 43,500/- and allowed further deduction of Rs. 9,000/- from the 15.6.1999 instalment being the amount already paid by the complainant in excess of 10% of the revised cost of the flat. THEreafter, the O.P. 1 further allowed a rebate of rupees one lac in the earlier price of Rs. 8.70 lacs to the complainant in respect of the aforesaid flat and instructed him to make payment of the balance amount in 16 bi-monthly instalments. THE complainant paid Rs. 3,00,300/- as advance payment of the instalment to the O.P. by virtue of two cheques amounting to Rs. 1,50,300/- dated 16.8.1999 and 1,50,000/- dated 18.8.1999. As per the terms and conditions regarding payment the complainant paid time to time. He paid Rs. 7,06,400/- to the O.P. 1 against which the O.P. 2 issued money receipts in favour of the complainant. In spite of his payment the O.Ps. failed to hand over the said flat to the complainant within due time. According to the complainant the O.Ps. accepted all instalments from him, but never actually started the construction. THE complainant for the purpose of his work remained outside Kolkata. When he came back he surprisingly found that no construction work had been started as yet. THE complainant took loan from his employer in order to make required payment and made the requisite payment to the O.P. For this reason he had to suffer losses and damages by way of making payment of interest to the employer along with the principal amount and on the contrary he was refused delivery of the flat by the O.Ps. THE complainant apprehended that the O.P. extracted money from him illegally and held that such unlawful and illegal act should be punished by the Commission. THE complainant paid lastly on 14.4.2002. THEreafter the complainant filed this complaint before the Commission praying for direction upon the O.Ps. either to deliver the flat or refund the entire amount of money to the tune of Rs. 7,06,000/- together with interest to the complainant. THE complainant further demanded compensation of Rs. 50,000/- for unnecessary harassment. The O.Ps. did not file any written statement against the complaint.

On careful perusal of all the papers, documents and record we have noticed that the complainant made entire payment to the O.Ps. as per the terms and conditions stipulated by the O.Ps. but the O.Ps. failed to deliver the flat to the complainant within the due date i.e., 14.4.2002. The complainant files a letter dated 26.4.2002 written by the complainant himself to the O.Ps., in which he has stated that he is no more interested in the O.P.''s project as they have not only delayed it but also have no definite plan to implement the same and hand over the flat to him. The complainant requested the O.Ps. to cancel his application and refund the entire amount immediately as he did not wish to lose interest on the money and at the same time pay interest on the loan taken. It is noticed by us that the O.Ps. agreed to refund the money to the complainant. It was written by the O.Ps. on 6.6.2002 to the complainant ''Please send somebody to collect cheque on 29.6.2002''. But thereafter the complainant was harassed by the O.Ps. as they did not refund the money as per their commitment and hence finding no other way the complainant was compelled to file the complaint before the Commission to realize the amount from the O.Ps. We are satisfied with the contention that the O.P.''s acts are highly improper. The question is: what rate of interest the petitioner is entitled to get. In the present matter the material period was from 15.4.2002 till payment of the entire amount. Taking into account the prevalent market interest rates during that period we think that an interest rate of 10% p.a. would be just and proper. So the O.Ps. are liable to pay interest @ 10% p.a. for the period since 15.4.1999 till the date of full payment of the entire consideration money.

CONSIDERING all the circumstances we are of the opinion that the O.Ps. shall pay the entire consideration money to the tune of Rs. 7,06,000/- (seven lacs and six thousand) within three months of the date of this order with an interest @ 10% p.a. for the period since 15.4.2002 to till the date of full payment to the complainant. This original case is allowed in part ex parte. With the above observation the case is disposed of. Complaint partly allowed.