Order-9.

Date-17/12/2015.

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

          Complainant by filing this complaint has submitted that being attracted by Advertisement of OP’s in daily newspaper wanted to purchase a flat in the project of the OP namely VIBGYOR Apsara – Siliguri at Siliguri and for the purpose complainant entered into an agreement with the OP on 02-01-2014 for purchasing of a flat at said unit and paid an amount of Rs.1,45,820/- and details of the flat no. is V/V9/4/B, measuring area of 442 sq. ft  at the rate ofRs.1600/- per sq. ft and total consideration of Rs.7,07,200/-.  But subsequently OPs’ entire conduct is found negative, so complainant applied to the OP for cancellation of booking on 30-04-2014 and OP accepted the proposal of the complainant regarding cancellation and agreed to pay 20 percent of the booking amount i.e. an amount of Rs.1,45,820/-.  Thereafter, OP assured the complainant for the refund of booking amount within 2 months from the date of receipt of the cancellation request.  But even after expiry of two months from the date of acceptance OPs did not pay the same and even after that complainant made several requests but they did not pay any heed and did not refund the same for which a complaint was lodged before CA&FBP on 29-12-2014 and during the course of mediation OP1 paid Rs.10,000/- on 07-05-2015 vide cheque no.348757 dated 04-05-2015 against cancellation of the agreement dated 02-01-2014 against cancellation of the agreement on 02-01-2014 against that flat.  Thereafter complainant vide letter dated 08-07-2015 requested the OP to refund the balance amount against cancellation of the agreement but OP remained silent and balance amount had not been paid and no doubt it is a deficient and negligent manner of service for not refund of Rs.1,35,820/- and for such sort of negative attitude and for adopting unfair trade practice this complaint is filed for redressal.

          Truth is that notices were sent to the OPs and they received the same but ultimately did not turn up to contest the case for which this case is heard ex parte.

Decision with Reasons

On proper evaluation of the complaint and also the documents it is clear that complainant entered into an agreement with the OP as per agreement dated 02-01-2014 and deposited a sum of Rs.1,45,820/- but subsequently it is found that the entire project is not in progress for which complainant applied for cancellation of booking on 30-04-2014 and OPs agreed to pay the sum but did not pay when complainant submitted a complaint before CA&FBP and there OPs appeared and paid Rs.10,000/- on 07-05-2015.  Thereafter, OPs did not pay the balance amount of Rs.1,35,820/-.  So, considering that fact and conduct of the OP it is clear that OP agreed to pay the entire amount of Rs.1,45,820/- but ultimately paid only Rs.10,000/- before CA&FBP authority but thereafter they did not pay the sum and in fact, VIBGYOR Company Groups have been avoiding payment in all the cases.  It is their business practice, they have already cheated many customers in such a manner for which their Director, and Board of Directors are arrested by ED of Government of India and it is known to all that they have deceived several customers and in the present case complainant has been deceived by the OP is also well proved and no doubt complainant is entitled to get back Rs.1,35,820/- and no doubt OPs have their legal responsibility to pay the same but they are avoiding payment and in the above premises we are convinced to hold that OPs have adopted unfair trade practice and deceitful manner of trade and at the same time they have been harassing the complainant for long period and as yet they have not paid the meagre amount and for which the complainant is entitled to get redressal and relief against OPs.

In the result, the case succeeds.

Hence,

Ordered

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

          OPs are jointly and severally hereby directed to refund Rs.1,35,820/- within one month from the date of this order along with compensation of Rs.20,000/- for causing harassment, mental agony to the complainant and also for unfair trade practice and accordingly OPs are jointly and severally

To pay decretal dues of Rs.1,65,820/- within one month failing which for non-compliance of the Forum’s order and for harassing the complainant for further period OPs are jointly and severally shall have to pay Rs.5,000/- as punitive damages per month till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.