Before the
Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at premises
being no. 11A, MirzaGhalib Street, Kolkata – 700 087.
Complaint Case no. CC/263/2020.
In
the matter of :
Sri Sanjib Das, Son of Late Sankar Chandra Das, residing
at Block – E6, Tagore Park, Ward no. 107, South 24 Parganas, Kolkata – 700 039,
West Bengal.
________Petitioner.
-
Versus –
1.
M/s. Riverbank Developers Private
Limited, CIN : U70101WB2007PTC120037, having Registered Office at Premises
being no. 225 C, A.J.C. Bose Road, 4th Floor, Kolkata – 700 020,
Email : roc@hilandcal.com
2.
M/s. Riverbank Developers Private
Limited, CIN : U70101WB2007PTC120037, having Sales & Marketing Office at
Anandlok Building Premises being no. 227, AJC Bose Road, Block - B, 4th Floor, Kolkata – 700020.
________Respondents
EVIDENCE
ON AFFIDAVIT OF THE COMPLAINANT
AFFIDAVIT
Affidavit of Sri Sanjib Das, Son of Late Sankar
Chandra Das, aged about _____years, by faith Hindu, by Occupation – Business,
residing at Block – E6, Tagore Park, Ward no. 107, South 24 Parganas, Kolkata –
700 039, West Bengal.
I, the above
deponent do hereby solemnly affirm and declare as under :-
1.
That I am being the petitioner, in the
above case, thoroughly conversant with the facts and circumstances of the
present case and am competent to swear this affidavit.
2.
That I beg to say that the Opposite
Party no.1, being M/s. Riverbank Developers Private Limited, CIN :
U70101WB2007PTC120037, having Registered Office at Premises being no. 225 C,
A.J.C. Bose Road, 4th Floor, Kolkata – 700 020, Email : roc@hilandcal.com,
is an incorporated under the Companies Act’ 1956, with the ROC Kolkata, having
it’s Directors namely, SUMIT DABRIWALA { DIN : 00082118 }, NANDU KISHINCHAND
BELANI { DIN : 00180521 }, and DARSHAN MEKANI { DIN : 01028584 }, and whereas
the said Company carrying business of Real State activities with own or leased
property [ This class includes buying, selling,
renting and operating of self-owned or leased real estate such as apartment
building and dwellings, non-residential buildings, developing and subdividing
real estate into lots etc. Also included are development and sale of land and
cemetery lots, operating of apartment hotels and residential mobile home
sites.(Development on own account involving construction is classified in class
4520).
3.
That I beg to say that the Opposite
Party no.2, being M/s. Riverbank Developers Private Limited, CIN :
U70101WB2007PTC120037, having Sales & Marketing Office at Anandlok Building
Premises being no. 227, AJC Bose Road, Block
- B, 4th Floor, Kolkata – 700020, is another office of the
opposite party no.1, which look after concern relates to sale & marketing
of the particular or several project thereof.
4.
That I beg to states that by an
advertisement published through leaflet, I came to know that housing complex
namely “Hiland Green” was going to start focusing on redefining way of living
and that the project is surrounded by a wealth of beauty of the Ganges, the
Riverside Promenade, which is specially designed, so that the residents enjoy
the tranquil beauty. The Company promised to provide swimming pool, 9-hole
Executive Golf Course, Largest Residential Club, Appollo Super – Speciality
Hospital within the said project. The Company also promised to provide
lucrative modern facilities and amenities in the project at a reasonable cost. Being
convinced with such representations made by the Company the Complainant decided
to purchase one Flat at the “Hiland Green” Project at a reasonable cost.
5.
That I beg to states that being
allured by the aforesaid promises, representation, and being satisfied and
convinced with such representation made by the opposite parties, the
complainant decided to purchase one Flat at said “Hiland Green” project for
residential purpose and accordingly the complainant approached to the opposite
party no.2, being the office for sales and marketing of the opposite party
no.1, herein. On being approached the complainant was supplied with an
application form having Serial No. 73164, at cost of Rs. 200/- ( Rupees Two
Hundred ) only, requiring them to fill it up and to submit the same giving full
particular and details of the intending purchaser having prescribed GENERAL
TERMS & CONDITIONS. He was told that option for availing car parking space
must be taken at the time of submitting allotment application and the price for
the Flat and Car Parking space shall be fixed according to the option taken by
him. The Complainant was asked to pay a sum of Rs. 50,000/- ( Rupees Fifty
Thousand ) only, for application money or allotment money, which the
complainant applied jointly with Mousumi Das, and consequently paid such sum of
Rs. 50,000/- ( Rupees Fifty Thousand ) only, vide Demand Draft no. 212974,
dated 30-01-2014, drawn on ICICI Bank, Kasba Branch, Kolkata, in favour of
Riverbank Developers Private Limited, towards application money and the same
was paid by him at the time of submitting the said application for allocation
of allotment.
6.
That I beg to states that thereafter the
Complainant was allotted Apartment No. 14A6 on the 14th Floor, Tower
No. 17, at Hiland Greens by electronic draw. The Complainant was informed that
the consideration price of the flat shall be Rs. 17,80,000/- ( Rupees Seventeen
Lakhs and Eighty Thousand ) only, Rs. 1,75,000/- ( Rupees One Lakh and Seventy
Five Thousand ) only, for Four Wheeler Parking, and a sum of Rs. 25,000/- (
Rupees Twenty Five Thousand only, has to be paid for Maintenance Corpus Deposit
which has to be paid by several installments as per Payment Schedule mention in
the General Terms and Conditions ( GTC ). After allotment of the flat the
complainant was asked to pay allotment money as of Rs. 2,37,750/- ( Rupees Two
Lakhs and Thirty Seven Thousand and Seven Hundred Fifty ) only, and he was
informed that the “Application Money of Rs. 50,000/- ( Rupees Fifty Thousand )
only, already paid by him shall form a part of the allotment money as specified
in the Payment Schedule.
7.
That I beg to states that by aforesaid
representation the complainant was made to understand that he has to pay a sum
of Rs. 19,55,000/- ( Rupees Nineteen Lakhs and Fifty Five Thousand ) only, As
consideration for the Flat and Car parking space allotted to him and Rs.
25,000/- ( Rupees Twenty Five Thousand ) only, for Maintenance Corpus Deposit
and no other money. Therefore the total sum being consideration as of Rs. 19,80,000/-
( Rupees Nineteen Lakhs and Fifty Five Thousand ) only. As per demand made in
the payment schedule provided, the complainant paid a sum of Rs. 22, 45, 745/-
( Rupees Twenty Two Lakhs Forty Five Thousand and Seven Hundred Forty Five )
only, and further sum of Rs. 1,88,800/- ( Rupees One Lakh and Eighty eight
thousand and Eight Hundred ) only towards Registration Charges and Stamp duty
payable foe execution and Registration charges of Deed of Conveyance thereof
and further a sum of Rs. 5,000/- ( Rupees Five Thousand ) only, for removal of
name of co-applicant thereof.
8.
That I beg to say that I made payments
to the opposite parties for allotted Apartment No. 14A6 on the 14th
Floor, Tower No. 17, at Hiland Greens, in the following :
|
Sl. No. |
Date |
Particulars |
Amount |
|
01 |
30-01-2014 |
For allotment application money |
50,000/- |
|
02 |
26-03-2014 |
Installment |
2,37,750/- |
|
03 |
30-04-2014 |
Installment |
3,67,001/- |
|
04 |
30-09-2014 |
Installment |
3,25,249/- |
|
05 |
08-07-2016 |
ADHOC Charges, Electrical Infrastructure &
DG Backup Charges Provisional Electrical Infrastructure Charges & DG |
97,254/- |
|
06 |
05-12-2016 |
Third Installment and interest on ADHOC Charges |
1,97,951/- |
|
07 |
24-01-2017 |
4th Installment |
1,86,010/- |
|
08 |
09-03-2017 |
5th Installment |
1,86,010/- |
|
09 |
31-03-2017 |
6th Installment |
1,86,010/- |
|
10 |
05-06-2017 |
7th Installment |
1,86,010/- |
|
11 |
29-06-2017 |
8th Installment |
2,26,500/- |
|
12 |
18-07-2017 |
For Registration Charges and Stamp Duty payable
on Deed of Conveyance |
1,88,800/- |
|
13 |
21-08-2017 |
Removal of name of co-applicant |
5,000/- |
|
14 |
|
TOTAL |
24,39,545/- |
(
Rupees Twenty Four Lakhs and Thirty Nine Thousand and Five Hundred Forty Five )
only.
9.
That I beg to say that Ipaid Rs.
22,45,745/- ( Rupees Twenty Two Lakhs and Forty Five Thousand and Seven Hundred
Forty Five ) only, as per Demand of the opposite parties, which has been much
more than the prescribed money as a sum of Rs. 19,80,000/- ( Rupees Nineteen
Lakhs and Eighty Thousand ) only, thus the complainant have paid a excess sum
of money being Rs. 2,65,745/- ( Rupees Two Lakhs Sixty Five Thousand Seven
Hundred Forty Five ) only, and thereafter also paid the registration charges
and stamp duty payable being as of Rs. 1,88,800/- ( Rupees One Lakh and Eighty
Eight Thousand and Eight Hundred ) only. the all payment even if the excess
amount has been paid by the complainant by the month of July’ 2017, and whereas
a substantial period of 31 ( Thirty One ) months has been expired though the
Opposite Parties did not deliver the physical possession of the flat and
consequently did not execute and register the Deed of Conveyance in favour of the
complainant.
10.
Despite the period of 42 months for
delivery of possession of the allotted flat has expired, the company failed to
delivered the possession of the flat & car parking and or to register the
Deed of Conveyance and or to withdraw the allotment although on several
occasion opted for the option specifically mentioned in the General terms and
conditions ( GTC ).
11.
Moreover, on physical visit at the
project site I came to know that the project has not yet been completed and the
company is not going to provide the facilities as they promised to provide in
terms of their advertisement and in the General terms and conditions ( GTC ).
12.
From the facts and circumstances
depicted hereinabove it appears that the company being the opposite parties
herein is involved in restrictive trade practices by bringing about
manipulation of price and by deviating from terms and conditions for delivery of
flat and car parking space as mentioned in the general terms and conditions (
GTC ), and it has been done in such a manner as to impose unjustified cost and
restriction upon the complainant. The company has also adopted unfair means of
trade practices for the purpose of promoting the sale, use and delivery of
possession of the flat and car parking spaces by making false and misleading
representation concerning the need for or the usefulness of the services to be
rendered by the company.
13.
Finding no other alternative recourse I
was constrained to issue a demand notice dated 19th day of March’
2020, through my Learned Advocate Ashok Kumar Singh, upon the opposite parties
demanding money back which has been paid to the opposite parties being a total
sum of Rs. 24,39,545/- ( Rupees Twenty
Four Lakhs and Thirty Nine Thousand and Five Hundred Forty Five ) only, with
appropriate banking rate of interest thereon, and the Compensation being a sum
of Rs. 6,00,000/- ( Rupees Six Lakhs ) only, towards harassment, mental agony,
etc. suffered. The said notice was dispatched and sent through Speed Post at
the respective address of the opposite parties. Despite receipt of the said
notice the opposite parties failed and neglected to redress the grievances.
Hence the instant consumer complaint, resort before the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal.
14.
That the act and omissions in the
manners as described herein in the aforesaid paragraphs are establishing unfair
trade practices and deficiency in services on the part of the opposite parties,
in all the manners, and regards thereof.
15.
That I am a victim of such deficiency
in services and unfair trade practices adopted by all the opposite parties, in
the manner as stated aforesaid herein.
16.
That I have no other alternative to
opt for, resort to the present complaint before the Hon’bleCommision, to get
relief in terms of my prayer, and to rid out from the deficiency in services
and unfair trade practices, of the opposite parties herein.
17.
That I states and submits that I am a
victim of the purported acts and deficiency in services at the instances of the opposite parties and
the acts of the opposite parties as well as the facts are well constitute the
deficiency in services and unfair trade practices on the part of the opposite
parties.
18.
That I states and submits that the
respondents shall also pay the compensation due to me for the harassment,
troubles, physical inconvenience and mental agony arising directly out of the
breach of the services and breach of duty on the part of the respondents /
opposite parties. I, assesses such loss and damages at Rs. 6,00,000/- ( Rupees Six
lakhs ) only.
19.
That I beg to say that the purported
acts and deeds of the respondents established as of the Unfair Trade Practices
and deficiency in services, as meant in the prescribed provisions of the
Consumer Protection Act’ 2019.
20.
That I beg to say that the Cause of
action for the present proceeding arose as on 30-01-2014, while the application
money for allotment as of Rs. 50,000/- ( Rupees Fifty Thousand ) only has been
taken from me by the Opposite Parties and thereafter on each and every date
while the opposite party has taken money being installment and registration
charges and other charges uptill the month of August’ 2017, and thereafter on
the day the opposite parties are in receipt of the Legal Notice dated 19th
day of March’ 2020, and thereafter due to non – compliance and or not performing
by the opposite parties, and thereafter adverse date and the same is continuing
till date, and the respondents / opposite parties are having offices as given
in the cause title of this application, which is within the jurisdiction of the
Hon’ble Commission, West Bengal.
21.
That I am praying before the Hon’ble State
Commission to exhibit the following documents, which are enclosed with my
petition of consumer complaint;
a)
a copy of General Terms and Conditions
( GTC ), and marked as Annexure – “A” in the petition of consumer complaint.
b)
all money receipts, and marked as Annexure – “B”in the petition of
consumer complaint.
c)
a copy of Legal Notice dated 19th
day of March’ 2020, along with postal receipts and track report collectively and
marked as Annexure – “C”in the petition of consumer complaint.
22.
I therefore prayed for the following
relief/s :
a)
To direct the opposite parties /
respondents to pay a total sum of Rs.
24,39,545/- ( Rupees Twenty Four Lakhs and Thirty Nine Thousand and Five
Hundred Forty Five ) only, with appropriate banking rate of interest thereon,
to the Petitioner / Complainant, in the interest of administration of justice;
b)
To direct the opposite parties to pay
compensation, as for the harassment, troubles, loss of money, physical
inconvenience and mental agony, suffered by the petitioner from the purported
activities and others by the opposite parties as assessed as Rs. 6,00,000/- (
Rupees Six Lakhs ) only to your petitioner;
c)
To grant the cost of the proceedings ;
d)
To grant any other relief to the
applicant / petitioner as found out by your Lordship, in the facts and
circumstances of the Complaint.
23.
That I beg to say that on admission of my
Consumer application, the Hon’ble Commission was pleased to issue notices on
the Opposite Parties. The Opposite party received such notices and cause
necessary endavour to appear in the present consumer proceeding, and to
submitted their written version being their defense in the present consumer
proceeding.
- That I beg to say that the
said written version has been placed by one Aritra Deb, Son of Shri Tito
Deb, working at DN-37, Sector V, Salt Lake, Bidhan Nagar – 700019,
representing himself as authorized signatory for the opposite parties, but
without any authorization, so far, as the same has not been enclosed
therein in the said written version, thus the said written version is not
acceptable in the terms of the Law.
- That I beg to say that the
opposite parties raised contention that the present consumer application
is barred by the limitation, in their written version, which is not
correct and acceptable, as in the given facts and circumstances the
present consumer application is in continuous cause of action awaiting due
performance by the opposite parties.
- That I beg to say that the
Opposite Parties shows extension given by HIRA during PANDEMIC situation
by way of their written version, though after expiry of such tenure of six
months, the opposite parties deliberately failed to act upon and to give
the subjected flat and car parking to us.
- That I beg to say that the
Opposite Parties have no acceptable defense in their written version. The
Opposite Parties failed to answer on receipt of the Letter being
representation given by me through my Learned Advocate.
- That I beg to say that the
Opposite Parties are absent on the contention raised by me. The Opposite
Parties failed to give any answer on the contention raised by me in my
petition of consumer complaint before the Hon’ble District Consumer
Commission.
- That I beg to say that I
am entitled to get relief in terms of my prayer before the Hon’ble
Commission.
- That I beg to say that the
facts contained in my consumer complaint, the contents of which have not
been repeated herein for the sake of brevity may be read as an integral
part of this affidavit and are true and correct to my knowledge.
DEPONENT
I, the above named deponent do
hereby solemnly verify that the contents of my above affidavit are true and
correct to my knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of
…………….2022, at Kolkata.
DEPONENT
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………2022.
Place : Kolkata.
N O T A R Y
