Date of filing: 25/03/2021                                        

Date of Judgment: 03/11/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                               BRIEF FACTS

On 25/10/2016 complainant had entered into an agreement for sale with the OPs for purchasing one 460 sq. ft. super built up area flat at Block HD with open car parking space, the description of which was given in schedule II at a total consideration of Rs. 14,80,000/-. Complainant paid Rs,. 3,22,582/- by way of two different cheques to the OP towards consideration. According to agreement for sale the OPs to complete and handover the said flat within 30 months from the effective date i.e. from the date of execution of the agreement for sale. But after the initial payment, it is alleged that the complainant was never intimated by the OPs to make further payment. On visiting of the site on several occasions no progress of work of construction was found by the complainant. No intimation was given about the progress of the work. So complainant sent a letter on 30/10/2020 to the OPs praying for refund of the money paid by him. He also issued a Lawyer’s notice for refund of the advance money but that was also not complied with. Therefore he filed the instant complaint and prayed for a direction upon the OPs to refund the amount paid by him along with interest, compensation and cost of litigation.

One written version was filed on behalf of the OP claiming the complaint not being maintainable. They also claimed the force majeure event stood in the way of implementing the project. So they prayed for dismissal of the complaint.

Point for determination is whether the complainant is entitled to any relief(s) in this case?

                                                              FINDINGS

Complainant filed his evidence on affidavit and also produced documents namely the copies of agreement for same correspondence including Lawyer’s letter demanding refund of the money from the OPs.

We have gone through the materials on record. Admittedly, the agreement dated 25/10/2016 was executed between the complainant and the OPs by which the complainant had agreed to buy the scheduled flat from the OPs. The agreement for sale also reveals payment of Rs. 3.11.373/- to the OPs by the complainant towards consideration of the flat.

According to complainant after the initial payment was made, no further payment of consideration was demanded by the OPs and also no progress of the construction of the project was communicated to him despite his repeated request and finally on being compelled he requested by issuing letters to the OPs seeking refund of the money advanced by him. Be it noted here OP did not file any affidavit nor any document to refute the claim of the complainant. This apart the claim of the OPs that complainant is not a consumer cannot be accepted. The agreement for sale sufficiently proves that the complainant who wanted to buy the schedule flat to be constructed by the OP at a consideration, is a consumer. So in view of all the instant complaint should be allowed and complainant should get the refund of the money advanced by him to the OP along with interest. This apart he is also entitled to cost of litigation.

Hence it is

                                                         ORDERED

That the instant complaint stands allowed on contest against the OPs.

OPs are directed to make refund of the amount of Rs. 3,11,373/- along simple with interest @ 9% p.a. from 30/10/2020 when complainant claimed refund of the amount paid by him.  

OPs are also directed to pay Rs. 5,000/- for cost of litigation to the complainant.

OPs are to comply with this order within 45 days from the date of this order failing which the awarded sum shall carry interest @ 12% p.a. till realisation and also complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

President