FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The brief facts of the case are that the Complainant had applied for booking of a flat measuring about 819 sq. ft. more or less in the upcoming residential housing project of OP-1. Allotment letter dated 11.04.2017 was issued to him. Complainant was allotted Flat No. G on 6th floor in block A, Tower No. II measuring an area of 819 sq. ft. more or less at Premises No. 178, NSC Bose Road, Narenderapore, Kolkata-700149. The total sale price of the flat is Rs. 33,74,231/- including all taxes and documentation charges. It was mutually agreed between the parties that the complainant shall apply for House Building Loan in respect of the booked flat and if the loan sanctioned then the complainant shall buy the booked flat. Complainant has paid sum of Rs. 7,16,594/- to the OP-1 against money receipts.
Complainant failed to obtain House Building Loan from Bank and on account of pandemic situation he has lost his business. Vide letter dated 15.01.2021, complainant intimated the OPs that he is unable to pay the balance sale price of booked flat with a request to cancel the booking. OPs failed to refund the deposited amount to the complainant despite legal notice. There is deficiency in service and unfair trade practice on the part of the OPs. Complainant has prayed for refund booking amount of Rs. 7,16,594/- including other reliefs.
Notices of the complaint were issued to the OPs. Despite service of notices, OPs did not file WV Vide order dated 17.02.2022 this Commission closed the right of the OPs to file WV and the case was posted for ex parte hearing.
Complainant Mukhtar Ahmed has filed his evidence supported by an affidavit. We have heard argument on merit and have also perused the record including the documents annexed with the complaint petition.
On perusal of the evidence and documents on record, it emerges that OP-1 allotted Flat No. G on 6th floor in block A, Tower No. II measuring an area of 819 sq. ft. more or less at Premises No. 178, NSC Bose Road, Narenderapore, Kolkata-700149.
It is also apparent that sale price of the flat is Rs. 33,74,231/- and complainant has paid Rs. 7,16,594/- out of total sale price to the OP-1 against money receipts. Due to non availability of House Building Loan and Covid-19 pandemic, complainant failed to pay the balance sale price to the OP-1 with a request to cancel the booking of flat and refund the deposited amount. The OPs did not refund the deposited amount to the complainant. No Written Version has been filed by the OPs. Though the opportunity has been given to them for filing Written Version yet they have failed to file the same and as such the allegations stated in the complaint remains unchallenged. Regarding this matter, we can safety state that on failure to file WV by the OPs tantamount to the admission of the allegations stated in the complaint. Under the above facts and circumstances, the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get reliefs.
Now the question which arises for our consideration is how much compensation is to be paid to the Complainant on the amount deposited by him with the Developer. Complainant claims Rs. 2,50,000/- as compensation which in our opinion is too much. We are granted a lump sum amount of Rs. 50,000/- as compensation which would be meet the ends of justice.
In view of the above discussion, the present consumer complaint is allowed ex parte against the OPs with following directions:-
- OPs are jointly and severally directed to refund Rs.7,16,594/- (Rupees seven lacs sixteen thousand five hundred ninety four) only to the complainant.
- OPs are jointly and severally directed to pay Rs. 50,000/- (Rupees fifty thousand) only to the complainant by way of compensation
- OPs are jointly and severally directed to pay Rs. 5,000/- (Rupees five thousand) only to the complainant towards the costs of litigation
- The aforesaid direction shall be complied within a period of 90 days from today, failing which the amount shall carry interest at the rate of 6 percent p.a. till its realization. It is also made clear that for non compliance, the provisions enshrined under section 72 of the Consumer Protection Act, 2019 would also be attracted.
Copy of judgment be supplied to the parties as per rules. Office is also requested to upload this order on the website of this Commission immediately.
