FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.35 of the C.P. Act, 2019.
The complainants allege that they deposited Rs, 1,20,000/- for a period of 02 years 11 months Rs. 60,000/- for a period of 03 years and Rs. 30,000/- for a period of 06 years with the OP company to acquire plot/villa/apartment in their Housing Project at Park Avenue, Talwandi Bhai, Tehsil Zeera, District- Firozpur within the state of Punjab. Despite expiry of the tenure the OP did not handover possession of plot/villa/apartment. Even they did not refund the invested amount. The complainants further allege that there is gross deficiency in service as committed by the OP.
In view of the gross deficiency in service and unfair trade practices of the OP, the complainants have thus filed the present consumer complaint seeking reliefs as per prayer.
OP despite service of notice of the complaint has failed to file their WV within the limitation period of 45 days. No request for condonation of delay or extension of time for filing WV was made. Therefore, the right of the OP to file WV is closed vide order dated 07.04.2021.
Complainants have filed their evidence supporting the allegations made in the complaint petition.
The Ld. Advocate for the complainants has argued that the OP in spite of receiving huge sums, has miserably failed to deliver possession of plot/villa/apartment in their housing project at Park Avenue, Talwandi Bhai, Punjab. The complainants allege to have been cheated, fooled and taken for a ride and consequently with no other option left, the complainants are before this commission praying for refund of this monies paid along with compensation and litigation costs.
Having given our thoughtful consideration to the various pleas raised by the Ld. Advocate for the complainants, we find that construction of Villas are not constructed by the OPs. The complainants have paid a total sum of Rs. 2,10,000/- as per documents annexed with the complaint petition. OP has failed to controvert the allegations of the complainants by filing WV and E/chief. Thus, the allegations made in the complaint are deemed to have been admitted as correct. The complainants in their evidence did support the allegations in the complaint.
In the instant case, the complainants cannot be made to wait indefinitely for possession of the villa, as the construction is not yet done. Therefore, we are of the considered view that the complainants are entitled to refund the principal amount with reasonable interest which we quantify at the rate of 9 percent p.a. from the date of respective date of deposit till the date of actual refund.
On the basis of the above discussion, the consumer complaint is allowed ex parte against the OP with the following directions:-
- OP is directed to refund Rs. 2,10,000/- only to the complainants along with interest at the rate of 9 percent per annum from the date of respective date of deposit till the date of actual refund.
- OP is further directed to pay Rs. 5,000/- as litigation cost to the complainants.
The OP shall pay the aforesaid awarded amount within 08 weeks from the date of passing of this order failing which the rate of interest will be increased from 9 percent to 12 percent per annum.
A copy of the judgment be provided to the parties as mandated by the CP Act. The Judgment be Uploaded this order on the website of this Commission immediately for perusal of the parties.
