Complainant Arun Prasad has filed this case for a claim of Rs. 7,92,000/- with 18% interest from the date of last deposit and Rs. 6000/- per month since March 2014 as per agreement dt. 11.10.2014 and compensation of Rs. 2,50,000/- and cost of this case.

2          Brief facts of the case are that complainant booked a flat for Rs. 13 Lac with O.P. M./s Pahi Construction (Pvt.) Ltd. and paid Rs. 7,92,000/- in total on different dates through cheque and O.P. issued receipts. But there was a change in allotted flat numbers in the receipts. It has been submitted that he enquired about the same i.e., flat Nos.- 203, 302 and 305, the O.P. told that the said flat No. 203 was already allotted to other person.

       A Deed of agreement of sale was drafted an executed between the complainant and the O.P. on 14. 10.2011 in which flat No. 305 was booked and the area of the flat was 1142 Sq. ft.

            As per clause 16 of the deed that, if the flat is not handed over in time, the O.P. will be liable for damages @ 10% per annum on the balance amount to be calculated monthly or Rs. 6000/- only per month whichever is higher till the possession of the said flat.

It is also mentioned in the deed in para No. 5 that O.P. shall finish and hand over the said flat in 24 month with grace period of 6 months. The period of 24 months will be calculated either from the date of receiving clearance of MADA or from the date of signing of the agreement, the deed, whichever is earlier.

            When the complainant did not get response from O.P., he met him who informed that due to dispute the construction had been delayed. Even after 3 years, the construction work was not started and nothing has been done by the O.P. to start the construction.

            A legal notice was also issued on 16.02.2015 but of no avail.

            The cause of action arose in the month of Oct,2011 when the flat was booked and also in March 2014 when the O.P. failed to hand over the said flat. In this way O.P. is deficient in providing services to the complainant hence this case has been filed.

3          Following documents has been filed by the complainant in support:-

Anx-1 Copy of the Money receipts dt. 24.02.2011,

          09.03.2011,12.09.2011,12.11.2011, 10.01.2012 and 18.04.2012.

Anx-2 Copy of the Deed of Agreement for Sale dt. 14.10.2011.

Anx-3 Copy of the Legal Notice dt. 16.02.2015.

4          O.P. has not appeared in spite of several notices issued by the Forum and therefore, on the basis of track reports, it appears that the notices were delivered on 14.05.2016 and lastly on 11.03.2017 but even though O.P. has not appeared and therefore ex-parte proceeding has been initiated against the O.P.

F I N D I N G S

5          We perused the complaint petition as well as the Anxs filed by the complainant in support of his claim.

6          From the fact of this complaint we have no doubt, the complainant is a consumer with in the provision u/s 2(1) (d) of CP Act since he has already paid the money for the allotment of the flat and O.P. is a builder/developer who assured to provide the flat booked in the name of the complainant, as such O.P. is a service provider in this case.

7          By Anx-1 the money receipts of the payment on different dates issued by O.P. show that the total amount of Rs. 7,92,000/- has already been paid to the O.P. by the complainant. Anx-2 is the deed of the agreement of sale dt. 14.10.2011 also confirms the payment of amount of Rs. 4,32,000/- by the complainant till that date and the rest amount of Rs. 3,60,000/- was paid after the execution of the deed of agreement of sale vide payment receipt No. 167 dt. 12.11.2011, receipt No. 194 dt. 10.01.2012 and receipt No. 301 dt. 18.04.2012 issued by O.P.

            In this way, complainant has successfully established the facts of the case as well as the payment to the O.P. but O.P. even after 24 months with grace period of 6 months, has not provided the flat to the complainant which is deficiency in service for which O.P. is liable.

8          Accordingly we hold, the complaint petition is maintainable having valid cause of action for the present complaint, as such we allow the complaint of the complainant.

9          Thus, we allow the complaint and direct the O.P. to refund Rs. 7,92,000/- (Rs. Seven lac ninety two thousand) only with 10% (ten per cent)per annum  interest since 14.10.2011 the date of agreement along with compensation of Rs. 30,000/- (Rs. Thirty thousand) only for mental harassment and litigation cost of Rs. 2,000/-(Rs. Two thousand) only within 60 days of passing of this order.

            If the claim amount of Rs. 7,92,000/- ( Rs. Seven lac ninety two thousand) only is not paid within 60 (Sixty ) days, then the rate of interest will be enhanced to 15%  (Fifteen per cent) per annum till realization of the amount.

            Let a copy of this order be sent to the O.P. at the cost of the complainant by registered post.