Ms. Rumi Saha has filed this Complaint against M/s BACM Projects Pvt. Ltd. and its officials (i.e. the Opposite Parties) alleging that in spite of having received booking amount of (Rs. 50,000+ 51,790=) Rs. 1,01,790 the OP has not constructed the flat or the building containing the flat.
It is in the complaint that for the sale of a 2 bhk flat in a proposed building at Rs. 6,78,600 a sum of Rs. 101790 was received from the complainant on 30.08.2017 and a MOU was accordingly executed. But the O.P. neither constructed the building nor refunded he amount taken. This is why this case has been filed seeking refund of Rs. 101790/- with interest and compensation.
The Ops did not come forward to contest the case by filing WV inspite of having received the notice for which the case heard ex parte.
The only point to be decided in this case is whether the complainant is entitled to recovery of Rs. 1,01,790/- from the Ops or not.
We have heard the arguments advanced by the Ld. Advocate of the complainant and perused (a) the brief notes of argument, (b) the MOU dt. 30.08.2017 and (c) the money receipts dt. 05.12.2016 and 30.08.2017 which have been filed by the complainant. MOU is nothing but an agreement which was entered into by and between the complainant and the OP for the sale of a flat in a proposed building at Rs. 678600/-. It goes to reveal that Rs. 50000+ 51,790 = Rs. 1,01,790/- was received from the complainant by the OP with an assurance that a flat would be given to him after accepting the balance amount. The money receipts also lend assurance to the MOU. On the other hand, there is nothing on record to show that either the proposed flat has been given or the amount advanced has been refunded. Therefore the contention of the Ld. Advocate that the complainant will get an order for refund of the money paid with interest and compensation deserves a note of approval. It is found that the complainant would get an order for refund of Rs. 101790/- with interest and compensation. The rate of interest is fixed at 9% per annum and the amount of compensation for pain and agony the complainant has undergone is fixed at Rs. 100000/-
Hence, it is ordered, that the Ops will pay Rs. 1,01,790/- with interest @ 9% p.a. from the date of payment till realisation within 3 months hence. The Ops are also directed to pay the Complainant Rs. 1,00,000/- on account of compensation within 3 months, failing which the amount will carry interest @ 9% p.a.
The case is thus disposed of.
Let plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
