FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU , Member
The brief facts as set out in the complaint are that the complainants have booked a flat along with a covered car parking space on 31/07/2018 vide an application no. FAPPGFC/00084/18-19 in the project developed by the OPs by paying an amount of Rs.89,286/- out of total consideration price of Rs.50,06,402/- including the car parking space. Ops issued an allotment offer in favour of the complainant allotting them an apartment/unit being no.8B on the 8th Floor, Block 41 along with a car – parking space at Greenfield City, at Holding no. E3-398, Kolkata – 700141, P.S. – Maheshtala, Behala , west Bengal .Complainants availed House Building Loan being Laon Account No. LBCAL00005108299 from ICICI Bank amounting to Rs.39,54,099/- for purchasing the booked unit coupled with car parking space and started to pay the monthly EMI to the ICICI Bank Ltd @ Rs.36,782/- regularly . The complainants made several payments to the OPs as per terms and conditions and demand letters issued by the OPs time to time by cheques and demand drafts. Last payment was made by the complainant to the OPs through cheque being no.467396 dated 13/03/2020 amounting to Rs.4,82,952/-.But the OPs asked the complainant through their demand letter dated 21/08/2021to pay the balance consideration amount which has been already paid by the complainant through demand Draft bearing No.467396 dated 13/03/2020 along with interest, but facts remain that there was no due from the part of the complainant. Thereafter, on thorough enquiry it has been revealed that the OP2 did not deposit the said demand draftbeing no 467396 dated 13/03/2020 amounting to Rs.4,82,95/- to their account. The complainant asked the OPs to provide the details about the Demand Draft and to return the same several times, but the OPs did not pay any heed to that effect. Therefore the complainant sent a Legal Notice to the OPs asking to waive the interest which has been incurred by them for non-payment of Rs.4,82,952/- by the complainants within 7 days from the date of receipt of this notice and also to return back the Demand Draft amounting to Rs.4,82,952/- to the ICICI Bank for made them enable to reissue a Demand Draft of the same amount in favour of the Ops. In spite of receiving the said letter on 01/02/2022 till date the OPs did not take any initiative to sort out the matter. Having no other alternatives the complainant approached before this Commission praying for waive the interest calculated by the OPsover the unpaid amount i.e. Rs.4,82,952/- and return back the original Demand Draft bearing no.467396 dated 13/03/2020 amounting to Rs.4,82,952/- to the ICICI Bank for re-issuing an another Demand Draft for the same amount along with compensation of Rs.5,00,000/- and litigation cost of Rs.1,00,000/-.
OPs did not contest the consumer complaint despite service of notice. No WV has been filed by the OPs within the statutory period. Thus, the case runs ex parte hearing against the OP.
In support of his case the complainant has tendered evidence supported by an affidavit and also relied upon documents annexed with the complaint petition. We have heard argument on merit and have also perused the record.
On perusal of the annexure B furnished by complainants along with complaint petition , it appears to us that on 31/07/2018 the OPs issued allotment offer of unit 8B on the 8th Floor Building Block 41 of Project and Right to Park 1 Indepd covered - Gr. Floor on the ground floor at Greenfield City , holding No. E3-398. P.S.- Maheshtala , behala , Kolkata – 700141 and the price of the said Composite Unit is Rs.50,06,402/- . On perusal of the annexure C, It appears to us that complainants have already paid Rs.49,75,993.08/- to the OPs out of total sale price. There is also no doubt that complainants have availed House Building Loan being Loan Account No. LBCAL00005108299 from ICICI Bank for purchasing the booked Unit coupled with car parking space. Photocopy of the Loan Account Details as on 28-Sep-21 (Annexure D) reveals that the draft of Rs.4,82,952/-bearing No.467396 issued by the ICICI bank in favour of the OPs disbursed on 13/03/2020. Ld. Advocate for the complainants alleged that on 21/08/2021 the OPs sent a demand letter asking the complainants to pay the abovementioned amount along with interest receivable on previous dues. The complainant furnished the photocopy of the TAX INVOICE (Annexure E) issued by the Ops to the complainant in support of their contention. Annexure H shows that the OPs cancelled the booking of the said flat of the complainant due to non-paymentof 7 month.
It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition.
In view of the above facts it is observed by us that, it is very unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs.
Based on the above discussion we disposed of the consumer case in the following terms:-
1. OPs are jointly and severally directed to waive the interest calculated by them over the unpaid amount of Rs.4,82,952/-.
2. OPs are further jointly and severally directed to return back the original Demand Draft bearing No. 467396 dated 13/03/2020 amounting to Rs.4,82,952/- to the ICICI Bank.
3. OPs are also jointly and severally directed to pay Rs.10,000/-as cost of litigation and an amount of Rs.25,000/- as compensation to the complainant.
4. Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @ 9% p.a. from the date of the order till its realization.
