Order-11.

Date-22/04/2015.

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

          Complainant by filing this complaint has submitted that OPs are the developer and being attracted by the advertisement of the OPs complainant was interested to purchase a flat at Baruipur being flat No.A3/4/D Tower BRP BLOCK 1/A3 on the fourth floor, super-built up area of 663 sq. ft. containing two bed room with dining space, one toilet, one kitchen and a balcony from the OP for a total consideration money of Rs.13,20,033/- against purchase of the flat but they did not enter into any agreement but only on the basis of a brochure OP assured the complainant to make one agreement but even after payment of Rs.51,000/- vide cheque no.171807 dated 08-10-2013 drawn on S.B.I. Chittaranjan Loco Works and Rs.2,21,164/- vide cheque No.876686 dated 09-11-2013 drawn on S.B.I. Chittaranjan Loco Work total amounting to Rs.2,72,164/- as a booking money OP did not enter into any agreement with the complainant.

          Following such dilatory tactics complainant felt insure and sent her husband to visit the site personally but he was horrified to see that no such construction work has started there and that land ultimately is a disputed land where construction cannot be done and knowing such fact complainant visited OP’s office and claimed her booking money but OP did not pay any heed.

          In this context complainant finding no other alternative filed this complaint praying for refund of the booking amount with interest  at the rate18 percent p.a. and compensation, cost etc.

          On the other hand, even after receipt of summons sent by this Forum OPs did not appear to contest or to challenge the allegation of the complainant and fact remains that notice had received by Vibgyor Housing Authority on 10-01-2015.  Accordingly, the case is taken up for ex parte hearing for not taking any step by the OPs.  So, we shall have to decide it in ex parte form relying upon the documents as produced by the complainant including the evidence of the complainant.

Decision with Reasons

On proper consideration of the complaint as well as the argument as advanced by the Ld. Lawyer of the complainant and also considering the documents issued by Vibgyor Niketan, Baruipur Authority it is clear that complainant intended to purchase a flat at Baruipur flat No.A3/4/D Tower BRP BLOCK 1/A3 on the fourth floor, super-built up area of 663 sq. ft. at a total consideration of Rs.13,20,033/- and accordingly as per settlement in between the parties of this case complainant paid a sum of Rs.51,000/- vide cheque no.171807 dated 08-10-2013 drawn from S.B.I. Chittaranjan Loco Works and Rs.2,21,164/- vide cheque No.876686 dated 09-11-2013 drawn from the same bank and totally she paid Rs.2,71,164/- as booking money and the receipt was issued by the OPs and even after payment of the said amount OPs did not enter into agreement with the complainant and every time OPs refused to enter into a valid agreement.  Thereafter, complainant realized the deceitful manner or act on the part of the OP for which ultimately complainant lost all his hope and asked the OPs to refund the entire amount of Rs.2,72,164/- along with interest but OPs even after receipt of the notice did not refund the same and no doubt deceived the complainant which is proved from the fact that OPs issued copy of application form, details of applicant including the payment receipt issued on 11-09-2013 so, relying upon this documents it is clear that complainant paid this amount to the OPs for that purpose and OPs received application form along with amount but ultimately did not issue any allotment letter, did not enter into any further agreement so, invariably complainant is entitled to get back of Rs.2,72,164/- from the OP including compensation  at the rate10 percent over the same since 09-11-2013 and till full payment of the same by the OP. 

In the result, the case succeeds and practically complainant has been harassed and deceived by the OPs for which complainant is entitled to get penal compensation from the OPs including litigation cost.

Hence,

Ordered

That the case be and the same is allowed ex parte with a cost of Rs.10,000/- against the OPs.

          OPs are hereby directed to repay and refund the entire amount of Rs.2,72,164/- and interest over the same  at the rate10 percent p.a. with effect from 09-11-2013 till full satisfaction of the decree by the OP and OP is also directed to pay a penal compensation of Rs.30,000/- for harassment to the complainant and also for adopting unfair trade practice by the OP.

          OP is hereby directed to comply the order within one month from the date of this order failing which penal action shall be started against them u/s.27 of the C.P. Act and further penalty and fine may be imposed upon them.