ORDER

Per Nipur Chandna , Member

     The complainant booked a plot bearing number A-8, having area of 247.44 Sq Yds at Shri Kunj Vihar phase –I. Vrindavan, District Mathura, UP. The complainant paid Rs 2,43,000/- vide cheque dated 04/3/2012 to the OP against a booking amount, which was duly encashed by it.  It is alleged by the complainant that on 15-5-2012 the OP executed an agreement to sell in favour of the complainant and as per agreement to sell, the  complainant had paid entire sale price of Rs. 5,44,000/-  through cheque dated 4-3-2012 for Rs.2,43,000/-. Cheque dated 7-5-2012 for Rs 2,50,000/- and cheque dated 15-6-2012 for Rs 51,000/- to the OP which was also duly encashed by it.  It is further alleged by the complainant that the OP had also agreed that upto 20-10-2012 , the OP will transfer the plot in the name of the complainant and “pukki” registery would be executed in his favour.  It is alleged by the complainant that when in the month of Nov. 2012 , he visited the site to know the development work , saw that no development work had undergone and the OP had made changes in the project map without obtaining the permission of the complainant. From 20-12-2012, the complainant made several request to the OP for grant of possession of plot with all amenities and to execute a pacci registery but the OP threatened the complainant and refused to execute the registry of plot A.  The complainant, therefore, approached this forum for redressal of his grievances.

     The Notice of the complaint was sent to the OP by Regd. Post.  The registered letter was not received back unserved.  Hence, it was presumed that the notice had been delivered to the OP.  It was ordered to be proceeded with ex-parte on 21-5-2014.

     The OP filed an appeal for setting aside the ex-parte order dated 21/5/2014 before the Hon’ble State Commission.   The Hon’ble State Commission had allowed the appeal of the OP vide order dated 19/12/2014 subject to the csot of Rs. 4,000/- to be paid to the complainant.  But, the OP had not comply with the order of the Hon’ble State Commission despite giving several opportunities. Hence, the reply placed on record by the OP cannot be read and taken on record. The complainant has placed on record his evidence by way of his affidavit dated 12/8/2014, wherein he has corroborated the contents of the complaint.

     We have heard the arguments advanced at the bar and have perused the record.

     The complainant has placed on record the copy of the “Agreement to sell” dt.15/05/2012 in which it is clearly stated that the Op company will execute the pakki  registery in favour of the complaiant on or before 20/10/2012.  He has also placed on record the copy of the receipts issued by the OP in favour of the complainant i.e. Annexure C-3 (colly).  The complainant has also placed on record the photograph of the aforesaid project site taken on 2-10-2013.

     The counsel for the complainant had pointed out that as per the “agreement to sell” dated 15/05/2012, the OP has to hand over with possession of the aforesaid plot amnetites to the complainanton 20/10/2012  but the OP had failed to do so and as such liable for deficiency in service towards complainant.  There is nothing on record from the side of the OPto rebut the aforesaid fact.

     From the unrebutted testimony of the complainant, as well as the document placed on record we are convinced that the story put forth by the complainant is true.  The OP had not handed over the possession of the plot to the complainant in time and as such violates the terms of the agreement.  The denial or delay on the part of the OP to honour their responsibility amounts to deficiency in service.

     We, therefore, hold OP guility of deficiency in service and direct it as under:

1.  To refund a sum of Rs. 5,44,000/- to the complainant alongwith interest @15 % P.A. from the date of deposit till payment.

2.  To pay to the complainant a sum of Rs. 10,000/- as cost of litigation.

     The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule. 

    File be consigned to record room.

    Announced in open sitting of the Forum on.....................