This complaint is filed by the complainant under Section 12 of the CP Act, 1986, alleging deficiency in service as well as unfair trade practice against the Op as the Op did neither execute the Sale Deed in respect of the questioned flat in favour of the complainant nor refund the entire consideration amount of Rs. 15,00,000/- along with interest, as paid by the complainant for purchasing of the flat in question to the complainant till filing of this complaint.

         The brief fact of the case of the complaint is that with a view to purchase residential flat the complainant approached before the Op and entered into an Agreement for Sale for purchasing a flat. The total consideration of the said flat was scheduled as Rs. 15,00,000/-, which was scheduled to be paid through two installments. Accordingly the complainant paid the said installments ie. Rs. 7,00,000/- and  Rs. 7,98,000/- were paid in two installments and balance amount of Rs. 2,000/- was paid by the complainant in cash to the Op. The flat which was booked by the complainant was scheduled 750 Sq. Ft. or 700 Sq. Ft. (more or less), super built up area, on the 4th floor, premises no 19, Subhash Pally, B.T.  Road, Kolkata- 700108, consisting of South/South-East two bedrooms, one kitchen, one dinning space, one/two balcony, two toilets and privy.

        The complainant paid the entire amount but the Op being reluctant did not take any step to execute the Sale Deed in favour of the complainant in respect of the flat and/ or to hand over the entire paid amount of Rs. 15,00,000/- along with current banking interest. In this connection the complainant issued two demand notices upon the Op dt. 03.01.2019 and 25.02.2019. In the said notice it was written by the complainants that in case of failure to discharge liability on behalf of the Op the complainant will seek remedy before the Court of Law. The allegation of the complainant is that inspite of receipt of the entire consideration amount the Op did not pay any heed to the earnest request of the complainant either execution of the Sale Deed in his favour or to refund the entire paid amount. As the Op has failed to redress the grievance of the complainant, having no other alternative the complainant has approached before this Ld. Forum by filing this complaint praying for direction upon the Op either to execute the Sale Deed in his favour in respect of the questioned flat or to refund the entire paid consideration amount of Rs. 15,00,000/- along with Banking Interest. In the prayer portion the complainant has sought for compensation to the tune of Rs. 2,50,000/- and litigation cost of Rs, 50,000/-.

          After admission of this complaint on 01.07.2019 notice was issued upon the Op through speed post with A/D along with copy of complaint and other related documents. Date was fixed for S/R on 04.09.2019. On the said date the complainant submitted the track report regarding service of notice upon the Op, from where it is evident that notice were served upon the Op on 19.08.2019 but the Op chose not to appear before this Ld. Forum to contest the complaint either orally or by filing W/V. As the statutory period for filing W/V was over, this Ld. Forum was pleased to fix this complaint on exparte board. Next date was given to the complainant on 16.10.2019 for adducing evidence on affidavit. On 31.10.2019 the complainant had adduced evidence along with payment of cost. Thereafter date was fixed for final hearing of this complaint.

         Heard argument in full from the Ld. Counsel for the complainant. At the time of final hearing the complainant submitted some original documents by way of Firisti for proper adjudication of this complaint.

        In this respect we may mention to the judgment passed by the Hon’ble NCDRC in the case of M/s. Singla Builders & Promoters Limited vs Aman Kumar Garg, reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that ‘non-filing of written version to complaint amounts to admission of allegations leveled against them in consumer complaint.’

        The abovementioned Ruling can be applicable in the case in hand as in the instant complaint inspite of receipt of notice, the Op chose not to contest the complaint by filing written version. Therefore in view of the said judgment the allegations as made out by the Complainant in the petition of complaint can be admitted as no rebuttal is forthcoming against such allegations.

         We have carefully perused the petition of complaint, documents as filed by the complainant and heard argument at length advanced by the Ld. Counsel for the complainant. It is seen by us from the documents and the pleading that admittedly the complainant had entered into an agreement for sale with the Op for purchasing a flat. The total consideration of the said flat was scheduled at Rs. 15,00,000/-. Further admitted fact is that the complainant paid the entire consideration amount as per the agreement for sale to the Op but the Op did not take any step to execution the Sale Deed in favour of the complainant till filing of this complaint inspite of receipt of the entire consideration money. As per the agreement it was scheduled that within one year from the date of the agreement the flat will be handed over to the complainant after execution of the Sale Deed. As the Op has failed to discharge his liability, hence this complaint is initiated by the complainant praying for certain reliefs. The Agreement for Sale dt. 01.07.2016 clearly speaks that within 12 months from the said date, Deed of Conveyance in respect of the suit flat will be handed over to the complainant and the complainant was also under the obligation to pay the entire consideration amount of Rs. 15,00,000/- by way of three installments. Document shows that the complainant had discharged his liabilities by making payment of entire consideration amount to the Op, but the Op being reluctant has failed to abide by the terms and the conditions of the Agreement for Sale till filing of this complaint. As the period for execution of the Deed of Conveyance and handing over peaceful physical possession to the complainant has already been expired, we are of the view that it will meet Justice if we direct the Op to refund the entire consideration amount of Rs. 15,00,000/- to the complainant instead of executing Deed of Conveyance in respect of the flat.

          From the pleading it is evident that on 01.07.2016 the complainant paid the last installment of the consideration amount. First installment was paid on 31.03.2016. Therefore it is crystal clear that since 01.07.2016 till date a hefty amount of Rs. 15,00,000/- is lying with the Op and the complainant is running from pillar to post for execution of the Sale Deed, getting physical possession or refund of the entire paid amount along with interest. In this connection though several written correspondence was made by the complainant with the Op, to no effect. Under these circumstances we are at one that the Op shall take immediate step, so that the complainant will get refund of the entire paid consideration amount of Rs. 15,00,0000/- along with interest. Admittedly due inaction on behalf of the Op the complainant had been suffering unnecessary harassment for a prolong period. Such inaction of the Op can be termed as deficiency in service on behalf of the Op for which the Op is under the obligation to pay compensation to the complainant. It is further admitted fact that as the Op did not take any step for redressal of the grievance of the complainant, the complainant had to approach before this Ld. Forum by filing this complaint and for this proceeding the complainant has incurred some expenses, for which the complainant is also entitled to get litigation cost from the Op.

          Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no CC 14/2019 is hereby allowed ex parte with cost.

            The Op shall refund the entire paid consideration amount of Rs. 15,00,000/- along with interest @ 8% p.a. for the period from payment of the installment till realization of the entire refund within 45 days from the date of passing of this Judgment, failing which the interest component will be @ 9% p.a. for the default period.

          The Op is further directed to pay compensation of Rs. 50,000/- and litigation cost of Rs. 10,000/- to the complainant within a period of 45 days from the date of passing this Judgment i.d. the complainant will be at liberty to put the entire order in execution.

          Let plain copy of this order be given to the parties as per CPR, 2005.

                                                                                 MEMBER

                                                                      Dictated & Corrected by