For the Complainants -Miss Asha Ghosh, Advocate
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The complainants case, in brief; is as follows:-
The complainants deposited Rs. 1,28,750/- with OP against Customer ID No.TLL1101413 for a period of 30 months to acquire plot/villa/apartment in their housing projectat Park Avenue, Talwandi Bhai, TahsilZeera, District-Firozpur, Punjab. Even expiry of the tenure, the OP failed and neglected to hand over possession of plot/villa/apartment to the complainants. The OP did not refund the deposited amount in spite of several approach of the complainants. The OP is holding public money for their own benefit and expansion of business. The conduct of the OP constitute a clear case of deficiency of service and/or unfair trade practice. Finding no other alternative, the complainants redress their grievance by filing the instant consumer complaint.
Opposite party despite service of notice of the complaint has failed to file written version within the limitation provided u/s 13(2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing written version was made. Therefore, right of the OP to file written version was closed.
Complainant No.2 Smt. Sudeshna Pal has filed her evidence by way of affidavit supporting the allegations made in the complaint. Ld. Advocate for the complainants has taken us through the consumer complaint as also the evidence adduced in support of complaint. On perusal of the photocopy of allotment letter dated 09.01.2016, it is clear that vide said allotment the OP received Rs. 1,28,750/- from the complainants against plot/villa/apartment in their housing project at Park Avenue, Talwandi Bhai, TahsilZeera, District Firozpur, Punjab. The tenure of the deposit was30 months and if the OP failed to hand over possession of the plot/villa/apartment in the said project, in that event the OP shall refund the amount received together with compensation assessed by them depending upon appreciation in the value of real estate which in any event shall not be less than Rs.1,28,750/- subject to deduction of applicable taxes and administrative costs, if any. There is another clause in the said allotment letter dated09.01.2016 that prior to expiry period of 30 months the complainants may obtained refund of such amount, as may be mutually agreed after deduction of applicable taxes and administrative costs, if any. The complainants approached the OP to refund the deposited amount as the OP failed to hand over possession of plot/villa/apartment within the stipulated period.
We do not find any reason why the OP collected the amount from the depositors by issuing allotment letter and also hold the amount as per their own discretion. As the OP has opted not to file written version despite service of notice of complaint, the above allegations of the complainants are deemed to have been admitted as correct. In order to prove said allegations, complainant No.2 Smt. Sudeshna Pal has filed her affidavit reaffirming the allegations. Thus, it stands proved that despite expiry of statutory period the OP failed to hand over possession of the plot/villa/apartment in their housing project at Park Avenue, Talwandi Bhai, District Firozpur, Punjab to the complainants. Even the OP failed and neglected to refund the deposited amount to the complainants after expiry of 30 months from the date of allotment letter dated 09.01.2016. In absence of any explanation for failure to comply with the terms and conditions of the allotment letter, we have no hesitation in concluding that the OP has committed deficiency in service and has also indulged in unfair trade practice.
Now, the question is as to what should be the amount of compensation to be granted to the complainants? Ld. Advocate for the complainants, however, pressed for 18 percent interest on the deposited amount. In our opinion, the interest as claimed is too much excessive. Thus, in our view, OP is liable to refund the deposited amount of Rs.1,28,750/-against allotment letter dated 09.01.2016 to the complainants with interest at the rate of10 percent p.a. on the amount of Rs.1,28,750/- w.e.f. 09.01.2016.
In view of the foregoing discussion, the consumer complaint is allowed exparte against the OP with following directions:-
- The OP shall refund Rs.1,28,750/- (Rupees One lakh twenty thousand and seven hundred fifty) only to the complainants within 30 days from today along with compensation of simple interest at the rate of10 percent p.a from the date of issuance of allotment letter till realization of the amount.
- The OP shall pay a sum of Rs.5000/- (Rupees Five Thousand) only as cost of litigation to the complainants.
If the OP transgresses to comply the order within the stipulated period of 30 days in that event the complainants may put the order in execution by filing application u/ss 25 & 27 of the CP Act 1986 against the OP.
Order be communicated to the complainants as per rules.
