For the complainant -Mr .Rajendra P. Roy Chowdhury, Advocate.
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT :
This is an application u/s.12 of the C.P. Act, 1986.
The brief facts relevant for disposal of the present consumer complaint are that the complainant booked a self-contained flat on the 1st floor of Premises No. 18/H/2/6, Mominpore Road, Kolkata – 700 023 measuring an area of 400 Sq. ft. super built up area. An Agreement for Sale dated 28.02.2015 was executed between the parties. The total consideration of the subject flat was Rs.10,80,000/-. Complainant paid Rs.6,00,000/- to the OP on different dates against receipts. As per Agreement for Sale the possession of the subject flat is to be delivered within 15 months from the date of execution of the agreement. Complainant has alleged that more than 55 months have elapsed, the OP has not hand over the possession of the subject flat to the complainant.
The OP has failed to meet the commitment and also failed to provide the service in spite of several request. Finding no other way out, the complainant filed the instant consumer complaint. In the complaint, the complainant has prayed for refund of Rs.6,00,000/-along with interest from the date of institution of the compliant petition till realization of the said amount.
The OP was duly served of the complaint. However, despite service of notice upon him, no Written Version has been filed. Ultimately, the case has proceeded ex parte against the OP.
The complaint led evidence by filing E/chief supported by an Affidavit. We have heard the argument of the Ld. Advocate for the complainant. In course of argument, Ld. Advocate for the complainant states that he confined to his argument only to the direction which has been issued the Hon’ble NCDRC in Consumer Case No.1141 of 2017 IndarDhawan&Anr. Vs M/s. Unitech Limited (Habitable) decided on 17.04.2018 and prays for no other relief.
The complainant by way of an uncontroverted testimony has proved that the OP has entered into an agreement for sale of the subject flat with the complainant and was supposed to handover the flat to the complainant within 15 months but despite the expiry of thesaid period the possession of the flat is not hand over to the complainant. She has also stated that she has paid Rs.6,00,000/- to the OP towards the cost of the flat on various days out of total consideration.
Since, the complainant has clearly stated that the OP has failed to handover the flat within the stipulated period, the OP has committed deficiency in service, and therefore, we allow the complaint. In view of the decision of the Hon’ble NCDRC in CC No. 1141 of 2017 decided on 17.04.2018, we allow the present consumer complaint with the following directions :
1) The OP shall refund entire booking amount of Rs.6,00,000/- to the complainant within 45 days from today along with compensation of simple interest at the rate of 10 percent PA from the date of filing the complaint i.e. (08.08.2019) till the realization of the amount,
2) The shall pay a sum of Rs.5,000/- as cost of litigation to the complainant, in default, the complainant may put the order in execution according to law.
With this direction, the present consumer complaint stands disposed of ex parte.
