The case of the complainant in a nutshell is that he paid a sum of Rs. 5,07,000/- (Rupees five lakh seven thousand) and Rs. 3,94,000/- (Rupees three lakh ninety four thousand) to the O.P. No. 1 by two cheques dated 07.03.2017 and 14.03.2017 respectively for purchasing two Pent House at “Universia” as part payment of the total Consideration Money. The construction work was not started till the year 2018 and an option was given from the side of O.P. to take a bungalow measuring about 1.5 Cottahs at Royal Enclave Project at a consideration of Rs. 39,00,000/- (Rupees thirty nine lakh) instead of the aforesaid two Pent house. The Complainant was in urgent need and as such accepted the option and receipt of Rs. 9,01,000/- was given to him by O.P. No. 1. Thereafter the O.Ps. again took a sum of Rs. 7,00,000/- by cheque dated 20.06.2019. In total a sum of Rs. 16,01,000/- was paid to O.P. No. 1. He contacted O.P. and they told that they were unable to hand over the Bungalow as promised.
The complainant has prayed for :-
- from the O.P., refund of money of Rs. 16,01,000/-.
- from the O.P., interest on Rs. 16,01,000/- @ 12% per annum from the date of actual payment till realization.
- from the O.P., damages of Rs. 8,00,000/-.
- from the O.P., compensation of Rs. 5,00,000/-.
- from the O.P., litigation cost of Rs. 1,00,000/-
The complainant in order to prove his case has filed Evidence on Affidavit and the following documents :-
- Copies of Ananda Bazar Patrika advertisement dated 19.02.2017 and The Telegraph advertisement dated 26.02.2017.
- Copies of two cheques dated 07.03.2017, 14.03.2017.
- Copies of Money Receipts dated 07.03.2017, 14.03.2017 and 18.06.2019.
- Copy of Passbook.
- Copies of Letter dated 18.06.2019. Payment schedule and portal information of O.P. No. 1.
- Copy of Power of Attorney dated 14.12.2018.
- Copies of Aadhaar Card and Medical Report.
- Copies of legal notice dated 16.08.2022 and Track report.
- Copies of Consumer Affairs Complaint and Order.
Above noted documents, no doubt will lend a complete support for establishing the complainant’s case.
From the unchallenged testimony and documents filed from the side of the Complainant, the case is proved and we find no reason to disbelieve the same.
As a result, the case succeeds.
Now the complainant has prayed for refund of the money, interest, damages, compensation and litigation cost.
Considering the facts and circumstances of the case and evidence on record, it appears that justice would be subserved if the O.Ps. be directed to refund the money taken by them with interest and litigation cost.
There is serious deficiency in services and unfair trade practices on the part of the O.P.
Hence, it is,
Ordered
that the case be and the same is decreed ex-parte with cost of Rs. 10,000/- in favour of the Complainant within 2(two) months from this day.
The O.Ps are directed to refund the sum of money Rs. 16,01,000/- (Rupees sixteen lakh one thousand) with interest @ 8% per annum from the date of actual payment till realization.
The O.Ps. are directed to pay cost of Rs. 10,000/- in favour of the complainant.
The order should be complied with within two months from this day, failing which the complainant is at liberty to put the decree into execution through this Commission.
All the O.Ps. are liable jointly and severally.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Gurudas Guin]
MEMBER
