Order-8.
Date-25/07/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that he purchased an application kit being no.893 for Bankura Project Flat on 20-03-2014. The total value of the said flat is Rs.6,48,000/- Flat Type 2C, Floor 2nd, Flat No.2C, Block 2, Total Area 600 sq. ft. with car parking and the complainant paid a sum of Rs.2 lakhs on 14-04-2014. OP issued a letter to the complainant on 14-04-2014 and admitted the booking made by the complainant in respect of the said flat in their project. The complainant came to learn from reliable source that no work of the project started and on the basis of such information complainant issued a letter to the OP on 30-11-2015 requesting the OP to return the amount of Rs.2 lakhs immediately. It is also submitted that there is no sanctioned plan from the appropriate office and the project has been cancelled. Hence, this case.
OPs have neither appeared in this case nor filed any written version. The case has proceeded ex parte.
Point for Decision
- Whether the OPs have committed unfair trade practice?
- Whether the OPs are guilty of deficiency of service?
Decision with Reasons
We have perused the documents filed from the side of the complainant including money receipts, application form, booking money receipts, promotional offer by the OPs etc. It appears that the complainant booked the flat in question on 10-04-2014 and paid a sum of Rs.2 lakhs on 14-04-2014. It also appears that the OPs acknowledged the payment of Rs.2 lakhs. It appears that the construction of the project has not commenced. It is also alleged that the project has been cancelled. We think that the non-commencement of construction is deficiency in service. Complainant has parted with his hard-earned income but to no good. We think that the OPs have practised unfair trade practice in accepting the money as against the proposed project and subsequently, cancelling such project. We think that the complainant is entitled to get the refund as claimed.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex parte against the OPs.
OPs are jointly and severally directed to refund a sum of Rs.2 lakhs to the complainant along with 9 percent interest on the said amount with effect from 14-04-2014 till payment within 30 days from the date of this order.
OPs are also directed to pay an amount of Rs.30,000/- to the complainant towards compensation, mental agony and harassment apart from Rs.10,000/- for litigation cost within the said stipulated period.
OPs are also directed to pay an amount of Rs.50,000/- for unfair trade practice to be deposited to this Forum within the said period.
Failure to comply with the order will entitle the complainant to put the decree into execution and in that case OPs shall be liable to pay penalty at the rate of100/- per diem till full and final satisfaction of the decree.
