PRESENT
Complainant by Adv. C.S.Patil Present.
Opponent Ex-parte.
ORDER
( Per- Shri. S.Z. PAWAR, Hon’ble Member )
1. This is a complaint under section 12 of the Consumer Protection Act , 1986 alleging deficiency in service against the opposite party(s) ( for short the op). The case of the complainant in short is as follows.
2. The complainant Mr. Ganesh Bandu parle is residing at the address mentioned in the cause title. The op. No. 1 M/s Green Life Developers Pvt. Ltd. Is a company registered and incorporated under Indian companies Act, 1963 , carrying on business of selling, developing , housing construction and having his registered office at the address mentioned in the cause title. The op.No. 2 , Mr. Vishwas Baban Gholap is one of the active Director of the op.No.1 and the op.No. 3 , Nandkumar Redkar is in charge of and responsible for day today affairs of the op.No. 1 and both the op.No. 2 and 3 are residing at the address mentioned in the cause title.
3. The complainant alleges that the ops have made representation through brochures/pamphlets that between Titweala and Murbad at karvele, post kishore, murbad they are selling and developing/constructing stunning Bunglow project known as “ Green Hill City ” consisting of Bunglow plots.
4. Believing said representation to be true, the complainant approched the ops. in the month of June, 2013 and shown his willingness to buy a Bunglow plots alongwith constructed Bunglow for residential purpose in the said project. The complainant agreed to purchase three plots bearing serial No. 138 to 140 (admeasuring 2400 sq.ft. ) in the project and accordingly a memorandum of Understanding ( MOU) dated 24th June, 2013 was entered in to between the complainant and the ops where in the ops have agreed to sell the proposed N.A. plot of lands, and constructed Bunglow there in for residential purpose in plot No. 41, 3 plots ( 2400 sq.ft. ) bearing serial No. 138 to 140 out of survey No.68/2P, area 1-H, 79 R, 00P for a total consideration of Rs. 2,58,000/-.
5. Accordingly the complainant has paid booking amount of Rs.1,05,000/- by way of NEFT and also paid amount of Rs.9,000 X 17 EMI instalment through NEFT which amount comes to Rs. 1,53,000/- as per the said MOU . Thus total consideration of Rs.2,58,000/-.
6. The complainant further alleges that he has also paid Rs.1,59,000/- as development charges including registration fee i.e. 1,25,000/- + Rs.34,000/- by or through NEFT . Thus the complainant has paid total amount of Rs. 4,17,000/- to the ops.
7. The ops have issued allotment letter to the complainant dt. 31.08.2015 informing that first phase has been completed and ops were allotting plot No. 41, use 3 plots.
8. The complainant submits that the ops were to handover possession of the said Bunglow plot to him on or before January 2015. However , the ops neither completed registration work nor developed the said N.A. Bunglow on the said plot of land and also never handed over possession to the developed N.A. Bunglow to him except assurances.
9. According to the complainant the price of the plots in the said area at present is more than Rs.9,60,000/- approx. Thus the complainant suffered loss to the extent.
10. Hence the present complaint for reliefs of possession of constructed N.A. Bunglow admeasuring area about 2400 sq.ft. alongwith facilities, services and amenities on the terms and conditions as per stipulated in the MOU agreement dated 24.06.2013 , in the project known as “ Green Hill City” or any other project currently undertaken by the ops or any other developer on the said plot or in the alternative for recovery of Rs.9,00,000/- alongwith interest @ 18 % p.a. from the date of filing this complaint till realization towards damages/compensation on account of deficiency in services. The complainant also claims Rs.1,00,000/- as compensation for harassment and mental agony and cost of the litigation.
11. On admission of the complaint, notices came to be issued to the ops. But the notices to the ops were returned with postal remark ‘ Left address’. Accordingly on application, notice to the ops by way of paper publication were issued even then the ops failed to appear and file their written version within limitation. Hence the complaint came to be proceeded exparte against the ops. Vide Roznama dated 23 March, 2018.
12. Accordingly the complainant filed his affidavit of evidence on 23.03.2018 and thereby reproduced the contents to the complaint. The complainant has also filed documents ( True copies ) relevant and supporting to his case as per list of documents dated 09.05.2018. These docouments are as follows.
1. Brochure/Pamphlet published by ops.
2. MOU dated 24.06.2013.
3. Proposed N.A. plans.
4. Bank statement of accounts of ICICI Bank.
5. Bank statement of account of HDFC Bankk.
6. Receipts dated 15.05.2015, 18.05.2015, and 25.05.2015.
7. Letter dated 24.03.2015.
8. Allotment letter dated 31.08.2015.
9. Letter through e-mail dated 13.02.2016.
10. Legal notice dated 02.05.2016 alongwith RPAD receipt.
11. Posted certificate of acknowledgment.
13. We have gone through the complaint, affidavit of evidence and documents of the complainant. Also perused the written argument and oral argument submitted by the complainant.
14. We find that the ops have made representation through brochures/pamphlets that between Titwala and Murbad at Karvele, post kishore the ops were selling and developing/constructing Bunglow project known as ‘Green Hill City’ consisting of Bunglow plots. Therefore the complainant approched the ops in the month of June, 2013 and shown his willing ness to buy a Bunglow plots alongwith constructed Bunglow for residential purpose in the said project.
15. We also find that the complainant agreed to purchase N.A. plot of land and constructed Bunglow there in for residential purpose in plot No.41, 3 plots bearing serial No. 138 to 140 ( admeasuring 2400 sq.ft. ) out of survey No.68/2P, area 1-H, 79 R, 00P for total consideration of Rs. 2,58,000/- as per MOU dated 24.06.2013.
16. We also find from the evidence by way of an affidavit and documentary of the complainant that the complainant paid Rs. 1,05,000/- to the ops by way of NEFT on ICICI Bank on 17.06.2013 for Rs.35,000/- and Rs.30,000/- and NEFT of Rs. 40,000/- from HDFC Bank on 21.06.2013 as booking amount. Likewise the complainant paid Rs.1,53,000/- to the ops by 17 EMI each of Rs. 9,000/-. We also find that the complainant paid Rs.1,59,000/- to the ops towards part consideration for development charges including registration fee by way of NEFT in between 15.05.2015 and 25.05.2015 through HDFC Bank and ICICI Bank, vide receipts dated 15.05.2015, 18.05.2015, 21.05.2015, and 25.05.2015. Thus the complainant has paid total Rs.4,17,000/-
17. We also find further that the ops were to handover of the said Bunglow plot to the complainant on or before January 2015. However except assurances and letter of allotment , the ops failed to complete the registration work , to develop the N.A. Bunglow on the said plot of land and hand over the possession.
18. The evidence adduced by the complainant by way of an affidavit and documents remained unchallenged or record since the matter is proceeded exparte against the ops. In the circumstances we have no other to go except to believe the evidence of the complainant.
19. Though the complainant has stated in oral evidence by way an affidavit that the price of plots in the said area at present is more then Rs.9,60,000/- approx, he has not filed any documentary evidence to show that at present the price is more than Rs.9,60,000/- However there is deficiency in service on the part of the ops since they have not performed their part as per MOU dated 24.06.2013 i.e. by not handing over possession of N.A. Bunglow plot and also to develop the same. Hence we find that the complaint deserves to be partly allowed. We find it would be just and proper to order the ops to refund Rs.4,17,000/- to the complainant together with interest @ 15 % p.a. from the date of filing of the complaint on 19.07.2016 till realization to entire amount with Rs.50,000/- towards mental agony and Rs.10,000/- towards cost of the litigation.
20. In the result we pass the following final order.
ORDER
1. The Consumer complaint No. 486/2016 is partly allowed.
2. The opposite parties No. 1 to 3 are directed to return to the complainant jointly or severally the amount of Rs.4,17,000/-( Rs. Four lacs
seventeen thousand only) together with interest @ 15 % p.a. from the date of filing of this complaint on 19.07.2016 till realization of
the entire amount.
3. The opposite parties No. 1 to 3 are directed to pay to the complainant jointly or severally within two months from today the amount of
Rs.50,000/- (Rs. Fifty thousand only) towards mental agony suffered by the complainant and also Rs.10,000/-(Rs.Ten thousand only)
towards litigation charges. Otherwise they will carry interest @ 9 % p.a. till realization of entire amount.
4. Copy of this order be sent to both parties free of costs and without delay.
