Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Counsels appearing for the Complainants and Opposite Party No.4 are present.
This case is filed U/s.17 of the Consumer Protection Act, 1986 valued at Rs.54,51,008/- (Rupees Fifty four Lakh fifty one thousand and eight only ).
The fact of the case in short is like that the Complainants filed the application before Opposite Party No.1 to purchase one Flat/Unit bearing No.S83 (2BHK) in “SCARLET” at IDEAL ENCLAVE-II, North 24 Parganas vide allotment letter dated 26.07.2011 and the said Opposite Party Nos.1 & 2 are called “Assigner” of the schedule mentioned property. Accordingly, the Complainants paid Rupees One Lakh (Rupees 1,00,000/- only) to Opposite Party No.1 on 27.07.2016 vide Account Payee cheque being No.937907 on 27th July, 2016 drawn on SBI, Prafulla Kanan Branch in favour of Opposite Party No.1.
Opposite Party No.1 duly received/enchased the cheque.
The Application Form is at Page No.8. It appears from the application that detailed payments were mentioned therein and the particulars of the flat have also been mentioned. Ld. Counsel for the Complainants submitted that no Agreement was executed as the Opposite Party Nos.1 & 2 did not take any step to that effect. So, the Complainants sent a Demand Letter on 03.07.2017 to Opposite Party No.1 through his Ld. Counsel asking him to refund the same within 15 days. A Demand Paper is found at Page 41. Again Opposite Party No.1 sent a reply on 16.08.2017 through his Counsel which is in Page No.43. It has been mentioned in the letter that the Opposite Party No.1 concerned was willing to refund the amount after deducting nomination price amounting to Rs.33,925/-. The case proceeded ex-parte against Opposite Party Nos.1, 2, 3 as they did not appear before this Commission. They did not file any Written Version. Opposite Party No.4 in his Written Version stated that they did not receive any amount from the Complainants. So, the Complainants are not entitled to get any cost of compensation and they prayed for dismissal of the case against her.
Heard the submissions of the Ld. Counsels concerned.
On perusal of the documents it appears that the Complainants paid Rs.1,00,000/- (Rupees One Lakh) to Opposite Party No.1.
Our attention was drawn to the letter of Opposite Party No.1 regarding refund the amount after some deduction as we have stated earlier. But ground for such deduction in vague.
Although there was no agreement, undoubtedly the Complainants are a consumer, so they paid money.
Opposite Parties concerned did not do anything following the receipt of the amount. There is not any deficiency on the part of Opposite Party No.4. So, we are of the view that appropriate order should be passed.
Hence,
It is
O R D E R E D
the complaint case being No.837/2018 is allowed ex-parte against Opposite Party Nos.1, 2 & 3 and dismissed on contest against Opposite Party No.4.
Opposite Party Nos.1, 2 & 3 are jointly and severally directed to pay Rs.1,00,000/- (Rupees One Lakh) to the Complainants within 45 days from this Order with an interest @7% per annum from the date of payment/encashment payable by Opposite Party Nos.1, 2 & 3 failing which the Complainants will be at liberty to put this award into execution.
Let the copy of this order be made available to the parties concerned.
Thus, the complaint case stands disposed of.
Interim order, if there is any, stands vacated at once.
Note accordingly.
