BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 14/09/2011

Date of Order : 30/04/2012

Present :-

Shri. A. Rajesh, President.

Smt. C.K. Lekhamma, Member.

C.C. No. 491/2011

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

Lured by the assurances of the agent of the opposite party, the complainant booked a one bed studio apartment on 19-03-2010 with the opposite party in their project by name 'APPLE NEW COCHIN'. The complainant paid a sum of Rs. 1,19,000/- on the same day. Thereafter, there was no response on the part of the opposite party. The opposite party not only failed to provide with the document formalities, but also failed to start the construction of the apartment. The complainant caused a letter to the opposite party dated 29-06-2011 demanding to refund the advance amount with interest, though the opposite party received the notice, they did not respond to the same. The complainant is entitled to get refund of the amount with interest together with compensation and costs of the proceedings. This complaint hence.

2. The opposite party received the notice of this complaint, however they have opted not to contest the matter which prima-facie goes to admittance of guilt and not to the contra. Proof affidavit has been filed by the power of attorney of the complainant. Exts. A1 to A4 were marked on the part of the complainant. Heard the counsel for the complainant.

3. The points that came up for consideration are :-

1. Whether the complainant is entitled to get refund of Rs. 1,19,000/- from the opposite party with interest?

2. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?

4. Point No. i. :- Exts. A1 and A2 receipts go to show that the opposite party had received cheques to the tune of Rs. 75,000/- and Rs. 44,800/- dated 11-09-2009 and 18-03-2010 towards part payment of purchase price of the apartment. Ext. A3 bank account statement of the complainant goes to show that the cheques were duly encashed by the opposite party. According to the complainant, after the receipt of the above amounts, the opposite party did not care to process the further formalities. The evidence adduced by the complainant remain unchallenged and unrebutted on account of which the opposite party is legally accountable for the same reasons. Nothing is on record to controvert the contentions of the complainant. In the above circumstances, the complainant is legally entitled to get the amounts as per Exts. A1 and A2 refunded with 12% interest p.a. from the date of receipt till realisation.

5. During the proceedings in this Forum at the instance of the complainant in I.A. 532/2011 dated 15-09-2011, this Forum directed the opposite party not to alienate the property as per the schedule appended.

6. Point No. ii. :- Since compensation and costs have not been quantified in this case which has merit. We award an exemplary compensation of Rs. 5,000/- and Rs. 1,000/- towards costs of the proceedings.

7. In the result, we partly allow the complaint and direct as follows :

1. The opposite party shall refund the amounts as per Exts. A1 and A2 to the complainant together with interest @ 12% p.a. from the date of complaint till realisation.

2. The opposite party shall pay Rs. 5,000/- towards compensation and Rs. 1,000/- towards costs of the proceedings to the complainant.

3. The order in I.A. No. 532'2011 is made absolute.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 30^th day of April 2012.

Forwarded/By Order, Sd/- A. Rajesh, President. Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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