Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          The case of the complainant, in brief, is that he entered into an agreement on 22-11-2010 for sale with the OP for purchasing a flat measuring about 600 sq. ft. at a consideration money of Rs.3,00,000/- and paid as an advance of Rs.1,50,000/- on 01-12-2010.

          The specific case of the complainant is that though the OP promised to deliver the flat within 4(four) months from the date and decided by them that remaining amount of Rs.50/- of the total amount to be paid at the time of possession and execution of the deed of conveyance of the flat by them.  But due to delay to complete the flat by them, the complainant requested the OP to refund the money.  Though the OP issued 4(four) cheques in favour of the complainant but ultimately all the cheques issued by them were dishonoured/bounced due to insufficient fund in their Bank Account.  So the complainant approached before the Consumer Affairs and Fair Business Practices on 11-03-2013 and on receiving the notice, the OP appeared and agreed to repay the money to the complainant by two instalments, but also failed to repay the total advance amount of Rs.1,50,000/- being paid by the complainant.  Finding no other alternative the complainant filed this suit before the Ld. Forum for redressal of his case.

          The OP neither appeared nor contested the case by filing W.O. despite service of notice.  Hence, the case is heard ex parte.

Decision with Reasons

It is evident from the record that the complainant entered into an agreement on 22-11-2010 with the OP for sale of a flat and paid Rs.1,50,000/- as an advance out of total consideration money of the flat of Rs.3,00,000/- to the OP.

          The main contention of the complainant is that the OP failed to complete the flat within the due time as promised b y them and the complainant requested the OP to return the advance money to him but the OP did not pay any heed to that but subsequently OP issued four cheques for payment but those were also dishonoured.  Ultimately, the complainant pursued the matter before Consumer Affairs and Fair Business Practices who issued notice upon the OP who in spite of assurances to refund money to the complainant ultimately did not pay the same.  The inaction on the part of the OP to that effect amounts to deficiency of service and at the same time unfair trade practice.

          Since, the complainant entered into an agreement with the OP and the OP failed to perform his past performance in terms of the agreement within the prescribed time limit, it is no doubt negligent and deficient manner of service on the part of the OP and thus OP is responsible for violation of u/s.2(1)(g) of the C.P. Act, 1986 and also other provision.

          In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a cost of Rs.2,000/-(Rupees Two thousand only).

          The OP is directed to refund and pay Rs.1,50,000/- (Rupees One lakh fifty thousand only) to the complainant along with interest @10%(at the rate of ten per cent) with effect from 01-12-2010.  The OP is directed to comply the above order within one month from the date of this judgment failing which per day punitive damages of Rs.100/-(Rupees One hundred) shall be assessed till full satisfaction of the decree and if said amount is collected, the amount shall be deposited to this Forum on proper receipt.  Even if the OP neglects to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.

          Complainant to send the copy of judgment to the OP at once for compliance.

Dictated & Corrected

      by me