F I N A L O R D E R
Mrs. Babita Chaudhuri, Hon’ble Member: - This is an application under section 17 of Consumer Protection Act, 2019 filed by the complainant/petitioner, Smt. Rimli Sinha, against the Opposite Parties named above alleging the deficiency in service on the part of the Opposite Parties.
Facts of the Complainant’s case, in brief, are as follows: -
That the complainant, Smt.Rimli Sinha entered into one Agreement for Sale under the nomenclature of Memorandum of Understanding with Opposite Parties, Land owner and Developer on 15.04.2017 for purchasing the one self-contained residential flat measuring about 900 Sq.ft. situated at 3rd floor in the housing complex namely Dharitri Universia under P.S. Kasipur, District South 24 Pargana,which is describe in the schedule of the Complaint and hereinafter refer to as “Suit Flat” and total consideration money of the said flat of Rs. 35,75,000/- (Rupees thirty five lakhs seventy five thousand) and accordingly the complainant paid Rs. 6,60,000/- to the ops as earnest money.
That according to the said agreement for Sale dated 15.04.2017 the opposite party shall deliver or hand over the possession of the said flat in finished condition within 15.10.2020 from the date of agreement for Sale.
That after expiry of 42 months has been overed on 15.10.2020 but, when the project of the proposed multistoried building did not start even of the opposite party till 15.10.2020, the complainant contacted with the opposite party at its office when for the first time she came to know that there is some issue in starting construction of the said proposed building as such, she has to contact with the opposite party after a period of six months, in between the lockdown due to the outburst of World Wide Pandemic Covid-19 intervenes and all the sectors of regular activities have tremendously been hampered and after getting some relief from the said acquit mortal situation, when on 27.12.2022, the complainant visited the office of the opposite party, she became shocked by knowing that the ops has duly cancelled their said project, for which ops are unable to delivered the said flat. The Ops further assured the complainant to refund the earnest money but some paper works is necessary for refund proceeding.
That without finding any other alternatives and being compelled, the complainant agreed with the refund proceeding and took a format from the opposite party and after filling up the necessary requirements, submitted the refund format before the opposite party on 28.12.2021 with intend to take refund of her earnest money of Rs.6,60,000/-from the opposite party.
Thereafter, a considerable period of time has already been passed. But, as no response has been received by the complainant till 02.04.2022 and in inquiry complainant came to know that the refund claim is on process and completed within June’2022.
After June’2022 the complainant again visited office of the opposite party and they intimated the complainant verbally as the refund claim of the complainant has been rejected so she not avails any refund now. After that the complainant meets with the directors of the opposite Party but the opposite parties restrained the complainant and oust from their office.
Thus the complainant has been cheated, gross negligence and unfair Trade practice by the opposite parties and for this reason complainant inform the matter to the local police.
Under the above circumstances, the complainant compelled to file this case before this Ld. Commission and praying for refund the earnest money paid of Rs.6,60,000/- by the complainant along with interest 12% and compensation Rs.10,00,000/- for mental, physical pain and financial loss and cost of Rs.1,00,000/-.
Notice of this case was duly served upon the OPs. But, OPs did not appear for which this case was ordered to be heard ex-parte against the Ops.
POINT FOR DECISION
Is complainant entitled to get relief as prayed for?
DECISION WITH REASONS
In support of their case the complainant/Petitioner filed Written Examination-in-Chief supported by an affidavit in evidence and they have also filed all relevant documents in support of their case.
We have gone through the said evidence of the complainant and the documents filed by the complainant.
It appears that in her evidence, the complainant has fully corroborated her case of the petition of complainant and the documents filed by her also lend support to the case of the complainant.
Moreover, not contesting by the OPs in the case, proved the case of the complainant otherwise as all the above oral and documentary evidence went unchallenged and there is nothing to disbelieve the case of the complainant, which proved ex-parte against the OPs.
In view of the above discussions and findings the case succeeds.
Hence,
it is,
O R D E R E D
That Complaint Case No. 208 of 2022 be and the same is allowed ex-parte against the OPs with costs.
The complainant/petitioner is entitled to get relief as prayed for. OPs are hereby directed to refund the earnest money paid by the complainant i.e. Rs 6, 60,000/-(Rupees six lakhs sixty thousand) alongwith 9% from the date of this order till realization in full in favour of the complainant within 30 (thirty) days from the date of this order.
The OPs are further directed to pay Rs.1,00, 000/- (Rupees one lakh) only in favour of the complainant as compensation and also to pay Rs.10, 000/- (Rupees ten thousand) only as cost of proceeding within 30 (thirty) days from the date of this order.
The complainants are at liberty to put the final order into execution after expiry of the appeal period.
Supply the copy of this order to the parties free of cost.
Dictated & Corrected by me
(Mrs. Babita Chaudhuri)
Member, D.C.D.R.C., Howrah
