SOURAV CHAKRABORTY & ANR. Vs BENGAL UNITECH UNIVERSAL INFRASTRUCTURE PVT. LTD.

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/-, 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 alongwith compensation or in the alternative refund of the amount of Rs.60,43,905/- paid by them alnogwith compensation on that amount.

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/-. 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/- to the OP.

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.

The complainants have filed affidavits by way of evidence in order to prove the case set out by them in the complaint. A perusal of the letter of allotment issued to them and the Buyers Agreement executed by them with the OP proves the case set out by them in their respective cases. I therefore, have no hesitation in holding that the OP was deficient in rendering services to the complainant by not delivering possession of the flats booked by them on or before the last date.

The learned counsel for the complainants states on instructions that though the loss suffered by the complainants in monetary terms was higher, they, in order to avoid further litigation in the matter, are restricting their claim to refund of the principal amount alongwith compensation in the form of simple interest @ 10% per annum in terms of clause 5.e of the Buyers Agreement.

In view of the facts and circumstances of the case, the complaints are disposed of with the following directions: (a) In CC No.1555 of 2016, the opposite party shall refund the entire amount of Rs.60,43,905/- to the complainants alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount paid by them alongwith compensation in the form of interest in terms of this order is actually refunded.

(b) In CC No.1556 of 2016, the opposite party shall refund the entire amount of Rs.75,78,295/- to the complainants alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date on which the entire amount paid by them alongwith compensation in the form of interest in terms of this order is actually refunded.

(c) The opposite party shall pay Rs. 10,000/- as the cost of litigation in each complaint.

(d) The payment in terms of this order shall be made within three months from today.