In short, Complainant’s case is that he entered into an Agreement for Sale on 28.05.2021 with the Opposite Parties in respect of one self-contained residential flat, details of which has been marked in 2nd schedule of the petition of complaint.
O.P No. 1 is the developer and O.P No. 2 is the vendor.
That as per said Agreement for Sale the total consideration amount of the said flat has been settled at Rs. 29,00,000/- and Complainant paid Rs. 6,00,000/- as part payment toward the said consideration value to O.P No. 1 and such payment paid by Complainant on different dates i.e. on 18.05.2021, 25.05.2021, 05.06.2021, 08.06.2021 and 14.08.2021 and to that effect necessary money receipts have been issued from the end of O.P No.1.
As per Clause 4 of the said Agreement for Sale O.Ps have confirmed to hand over the physical possession of the said flat to the Complainant within 11 months from the date of execution of agreement i.e. from 18.05.2021. But O.Ps did not complete the said flat and did not hand over the physical possession to Complainant within 11 months after the execution of said Agreement for Sale and till today O.Ps did not hand over the physical possession of the said flat to Complainant.
After repeated demands from the end of Complainant O.P No. 1 refunded Rs. 5,50,000/- on different dates to the Complainant but did not pay the balance amount of Rs. 50,000/- to the Complainant till date.
As per Complainant cause of action arose on 17.04.2021, but inspite of demand orally by Complainant on 18.04.2022 for refund of Rs. 50,000/- along with interest from the end of O.Ps. but O.P No.1 did not pay any heed to that.
Ultimately, Complainant instituted this case and has prayed for relief/s as mentioned in the petition of complaint.
O.Ps inspite of receiving notice did not appear and contest the case and thus, the case has been proceeded ex parte hearing.
POINTS FOR DECISION
Is the complainant entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
To proof his case Complainant has tendered his written examination in chief supported by evidence on affidavit and he has also filed photocopies of relevant documents including Agreement for Sale in question.
This Commission has gone through the said evidence of the Complainant and the photocopies of documents filed by him.
It appears that in his evidence, the Complainant has fully corroborated his case described in the petition of complaint and the photocopies of documents filed by him also lend support to the case of Complainant. So, in view of the said evidence of Complainant and the photocopies of document filed by him, remaining unchallenged it is held that the Complainant’s case is proved and accordingly Complainant is entitled to get relief/s as sought for.
Hence, it is,
ORDERED
That the instant Consumer Case being no. CC 07/2023 is allowed ex parte against the O.Ps with costs.
O.Ps are hereby directed to pay to the Complainant Rs. 50,000/- along with interest @ 8% p.a. w.e.f. 05.08.2022 till realization of full amount and said payment should be made by the O.Ps within 45 days from the date of this order.
O.Ps are also directed to pay Rs. 20,000/- to the Complainant toward harassment and mental agony and said payment should be made by O.Ps within 45 days from the date of this order.
O.Ps are also directed to pay a sum of Rs. 10,000/- toward litigation cost to the complainant within 45 days from the date of this order.
Let plain copy of this order be supplied to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
