Order-6.
Date-02/12/2016,
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that the O.Ps. belong to Vibgyor Group. The complainant booked 1 BHK Flat with O.P.-1 measuring 400 Sq. Ft. and complainant paid the entire consideration amount of Rs.9,55,000/- and O.P. issued money receipt against such payment. Complainant requested the O.P. on several occasions by visiting their office to execute agreement for sale but O.P. did not do so. Complainant visited office of the O.Ps. on several times and requested them to start the construction work, deliver the possession and also to register the flat but to no effect. Lastly, the complainant has come to know that the office of the O.Ps. are put under lock & key and neither he got his flat nor did he get refund of his deposited money.It is alleged that the doors of the O.Ps. is under padlock and O.Ps. have adopted unfair trade practice. The complainant has also alleged deficiency of service against the O.Ps. Hence, this case.
O.Ps. have not appeared in this case. O.Ps. have neither filed W.V. nor contested the case. The case has proceeded ex-parte against the O.ps.
Point for Decision
- Whether the O.Ps. are deficient in rendering service to the complainant ?
- Whether O.Ps. haveadopted unfair trade practice ?
- Whether the complainant is entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for the sake of brevity and convenience of discussion and as the points are inter related.
We have travelled over the documents on record, namely, Xerox copy of Application Form, Xerox copies of money receipt issued by O.P.-1. It appears that complainant booked 1 BHK Flatmeasuring 400 Sq. Ft. by paying Rs.9,55,000/- towards total consideration amount. O.Ps. issued money receipt on 16/11/2013. It appears that complainant visited the complainant visited the Office of the O.ps. and requested them about commencement of construction work, delivery of possession and registration of the Deed. But O.Ps. failed and neglected to do so. Lastly, complainant came to know that the office of the O.ps. are under lock & key. So it appears that the O.Ps. have usurped the deposited amount of the complainant and have avoided the responsibility of refund. We think that O.P. parties have resorted to unfair trade practice. We also think that the O.Ps. are deficient in rendering service to the complainant.
None came from the side of the O.Ps. to challenge or controvert the version of the complainant. The recitals of the complainant as stated in the petition of complaint remain unchallenged and uncontroverted.
In absence of any contrary and controverting materials on record and having regard to the documents on record we think that complainant is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex-parte but on merit against the O.Ps.
O.Ps. are jointly and severally directed to refund an amount of Rs.9,55,000/- to the complainant together with interest at the rate of 12 percentp.a. w.e.f. 16/11/2013 till the date of payment within one month from the date passing this order.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.25,000/- as compensation for causing harassment, mental agony to the complainant within the said stipulated period.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.40,000/- as penal damage for practicing unfair trade to this Forum within the said period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
