Presented by Miss B.L.Dora, Member. <br /> This is a Case, pertains to deficiency in service as envisaged under the Consumer Protection Act-1986. The Case of the Complainant is that, on being influenced by the offers of the Opposite Parties through different media, he has booked a flat through Opposite Party No. 4(four), who is the field worker of Opposite Party No.1(one), on paying the required booking amount of Rs. 85,750/-{Rupees Eighty five thousand seven hundred fifty}only for his personal use. The Opposite Party No.3(three) had issued the receipt of this on Dt.06/06/2005.<br /> <br /> But more than three years has elapsed, the Opposite Parties neither delivered the said promised house nor have responded any quarries of the Complainant. On being suspicious about such act of the Opposite parties the Complainant had en quired about the matter & learn that,the Opposite Party No. 1(one) has even not acquired any land for the project. The Complainant became disappointed due to such act of the Opposite Parties which amounts to deficiency in service and unfair trade practice for promoting booking and sell of flat at Sahara City Homes is just to make unlawful gain without any infrastructure.<br /> <br /> The Complainant has also humiliated in the eye of others and get financial loss for the false promise made by the Opposite Parties. So, however to set it correct, the Complainant has requested the Opposite Party No.1{one} to refund his booking amount along with interest on Dt 05/11/2008 and Dt.11/12/2008 but the Opposite Party No.1(one) did not responded it. Then on finding no way, the Complainant had sent legal notice to the Opposite Parties to refund his booking amount with interest and compensation. The Opposite Parties remained silent on receiving of the notice also. Hence, this Case.<br /> <br /> The prayer of the Complainant is that, the Opposite Parties may be directed to refund the booking amount retained with them along with interest at the rate of 18%(eighteen percent) per annum from the date of deposit & compensation to the tune of Rs.1,00,000/-(Rupees one lac)only beside litigation expenses.<br /> <br /> In support of his Case, the Complainant has relies on the following documents:-<br /> <br /> (1) Provisional Money Receipt issued by Sahara City Homes Marketing & Sales Corporation, Bargarh towards payment of Rs. 85,750/-(Rupees eight five thousand seven hundred fifty)only. (2) Xerox copy of final receipt issued by Opposite Party No.1(one), Dt. 06/06/2005. (3) Letter Dt. 10/10/2005{xerox copy}, issued by Sahara Infrastructure & Homes. (4) Letter issued by the Complainant to Manager, Sahara City to refund money Dt. 05/11/2008. (5) Office copy of Advocate Notice. (6) Acknowledgment Dt.24/01/2009, letter issued to Post Master, letter issued to Superintendent of Post Office etc.<br /> <br /> In it's contest, the Opposite Party No.4 (four) has failed to file steps or to appear before the Forum & is set ex-parte.<br /> <br /> The Opposite Party No.1(one) to No.3(three) have filed their version on challenging the consumer ship of the Complainant as the conditions of booking falls under the provisions of “Arbitration and Conciliation Act,1996. The Opposite Parties denied allegations made against them on admitting the booking of amount by the Complainant through Opposite Party No.4(four). The booking has been done on the condition of FORCE MAJURE system, duly assure & signed by the Complainant. But however, the Opposite Parties are ready to refund the booking amount on reasonable interest.<br /> <br /> In order to strengthen his Case, the Opposite Parties have filed the xerox copy of booking application submitted by the Complainant,xerox copy of letter/objection on No. SPCL/BBSR/08112 issued to the Secretary, BDA, Bhubaneswar & to the V.C., BDA, Bhubaneswar, letter of the Opposite Party issued to the Secretary, C.DA., xerox copy of letter No. SPCL/SPH/ BBSR/09/36 submitted by the Opposite Party to the Secretary, C.D.A., Cuttack etc.<br /> <br /> Perused the documents and heard from both side Advocates, the booking of flat on payment of the said amount is admitted. The Opposite Parties are ready to refund the said amount on reasonable interest on the other hand the Complainant claims to refund the amount @18%(eighteen percent) interest. The Opposite Parties have filed citation reported in 1993(2) C.P.J. Page 1144, 2004, C.T.J. Page 442 CCPJ (NCDRC) which discloses that the Consumer should knock the door of the Redressal agencies in clear hands and person, sign the contractual agreement is bound by them. The decisions cannot deprive the Complainant to get his legal right. The Opposite Parties cannot escape from their liability to provides the Complainant, the said flat in due course of time as per term and condition without arising the plea of force majure system. There is no evidential proof submitted in this case which prevented the Opposite Parties to deliver the project by 2007 or there found any natural calamity for causing delay to deliver the said flat.<br /> <br /> Although the Opposite Parties are ready to refund the deposited amount at reasonable interest, they are deficient in providing proper service to the consumer in due course of time because delay can not be so long which kills the interest of the consumer.<br /> <br /> Hence, the Complaint petition is allowed.<br /> <br /> - O R D E R -<br /> The Opposite Parties are directed, jointly and severally, to refund to the Complainant, the booking amount i.e. Rs.85,750/-(Rupees eighty five thousand seven hundred fifty)only along with 9%(nine percent) interest per annum from the date of deposit i.e. Dt.06/06/2005 till the date of this Order and Rs.10,000/-(Rupees five thousand)only towards compensation and litigation expenses with in thirty days hence, failing which the total awarded amount shall carry 18%(eighteen percent) interest per annum till the realization.<br /> <br /> The Complainant allowed and disposed of accordingly.<br />