Jharkhand

Bokaro

cc/15/114

Shalini Sharma And Pankaj Sharma - Complainant(s)

Versus

Mr. Amit Agrawal, Director - Opp.Party(s)

11 Jul 2018

ORDER

Complainants Shalini Sharma and Pankaj Sharma have filed this case for a claim of Rs. 21,000/- with 24% interest per annum along with compensation of Rs. 2,00,000/- and other reliefs.

2          The case of the complainants in short is that both have booked a studio Apartment with O.P. on payment of Rs. 2,18,400/- through two cheques and the cheques were handed over to the Sr. Manager, Mr. A.K. Singh when the company came to Bokaro and there was awareness program on behalf of the O.P. The cheques were encashed by the O.P. and it was informed vide Acknowledgment No. 4566 and 4567 dt. 28.01.2014 after withdrawing the amount from bank.

However, the complainant due to certain personal unavoidable circumstances sent E-mail to the company’s Mail I.D. on 04.02.2014 for cancellation of booking and complainants have sent original receipts and other set of papers required for cancellation to Mr. A.K. Singh Sr. Manager, who received the documents on 14.02.2014. As per the terms and conditions, for any reason cancellation must be completed before 30 days for refund of 100% amount paid by the complainant.

            After meeting and on several reminders ultimately on 19.10.14 the O.P. refunded the money after deduction of Rs. 21,000/- without any reason. The complainant contacted the O.P. by E-mail for payment of Rs. 21,000/- on 28.11.2014 and the company replied on 04.12.2014 that they deducted the 10% earnest money. It is alleged in the application form in para 10 (B) and in paragraph 32 of the Terms and Conditions, it is clearly mentioned “if for any reason applicant desires he can take the refund of amount paid within 30 days from the date of making of 1^st payment”. Therefore, the deduction on the part of the O.P. is a deficiency as well as unfair trade practice and they are liable to refund the claim.

3          The following documents have been filed by the complainant in support of their case:-

Anx-1 Copy of the legal notice.

Anx-2 Copy of the E-mail.

Anx-3 Copy of the Acknowledgment payment received by O.P.

Anx-4 to 4/3 Copies of statement of payment to the O.P. of the

            booking amount.

Anx-5 Copy of the Affidavit concerning the refund of the booking amount.

Anx-6 Copy of the E-mail.

Anx-7 Copy of the Terms and Conditions.

Anx-8 Copy of the letter dt. 19.05.2014 by the O.P.

4          Inspite of notices issued to the O.P., they have not appeared and accordingly Ex-parte proceeding has been initiated.

                                                            F I N D I N G S

5          We perused the record and it appears that the complainants have booked studio apartment with the O.P. on payment of booking amount. Therefore, both are the consumers and the dispute is a consumer dispute.

6          On perusal of the facts in the complaint, it is admitted that the O.P. have refunded all the amount of booking deducting Rs. 21,000/- out of Rs. 2,18,400/-. As per the terms and condition of the O.P. if the applicant desires the refund of the booking amount within 30 days of the 1^st payment, the O.P. will refund 100% amount. In the instant case, the amount was on 19.01.2014 and the request for cancellation was sent within 30 days of the booking. Therefore, as per the terms and conditions the O.P. is liable for refund of 100% of the booking amount and deduction of 10% earnest money out of the total deposit of the booking amount is certainly deficiency in service as well as unfair trade practice for violating its own terms and conditions, and therefore, O.P. are liable to refund the deducted amount of Rs. 21,000/- with interest.

7          Thus, we allow the claim of the complainant and the O.P. Earth Iconic Infrastructure Pvt. Ltd. is directed to refund Rs. 21,000/- (Rs. Twenty one thousand) only along with 10% (ten percent) interest per annum since the date of communication regarding cancellation of the booking dt. 04.02.2014 till realization.

            The O.P. is also directed to pay compensation for mental harassment of Rs. 5,000/- (Rs. five thousand) only and litigation cost of Rs. 2000/- (Rs. Two thousand).

            All the payments must be paid within 60 (Sixty) days of this order, failing which the rate of interest on main claim shall be enhanced to 15% (fifteen percent) per annum till realization.

            Let a copy of this order sent to the O.P. for compliance of the order at the cost of the complainant.