This complaint is filed by the Complainant under Section 12 of the CP Act, 1986 alleging deficiency in service as well as unfair trade practices adopted by the OPs as the OPs did neither hand over the possession of the Bungalow and execute the deed of conveyance nor refund the entire amount of money paid to the OP till filing of this complainant.

            The brief facts of the case of the complaint is that with a few to purchase a Bungalow to be constructed and developed by the OP on a land measuring 2 Katas the complainant approached the OP and entered into an agreement for sale of the captioned property. The total consideration of the said Bungalow was agreed for a sum of Rs. 29,50,000.00 out of which a sum of Rs. 5,15,000.00 was paid in different instruments by the complainant to the OP. The Bungalow booked was to be constructed and developed on a land measuring 2 katas including all easement rights and appurtenance thereto.

            The complainant prayed for  refund of the money as the OP was reluctant to take any step to give possession of the property as the work relating to construction was not started up to June, 2017.

            As the work was not started in time and the complainant having some other problem wanted to withdraw from the project and prayed for refund of the amount. The refund being not received the complainant approached the Assistant Director, North 24 Parganas RO, Directorate of CA & FBP for settlement of the matter through mediation. The Regional  Office, Directorate of CA & FBP tried to solve the problem amicably with the involvement of both the parties and it was agreed that the amount paid would be refunded in three installments together with simple Savings Bank interest of 4% per annum in three installments of Rs. 1,91,000.00 each out of which two installments of Rs. 1,91,000.00 each has been received by the complainant leaving the third installment receivable.

            The prayer of the complainant is now stands for refund of the balance amount of Rs. 5,15,000.00 – (Rs. 1,91,000.00 + Rs. 1,91,000.00)= Rs. 1,33,000.00 + compensation and cost of litigation.

            After admission of the complaint notices were issued upon the OPs through Speed Post along with copy of the complaint and other related documents. Date were fixed for S/R and appearance and subsequently furnishing of Written Version. But the OPs did not bother to appear before this Forum/Court to submit W/V and to contest the case and the case was proceeded ex parte. Next date was given to the complainant for adducing evidence on 04.12.2019.

            Heard arguments in full adduced by the complainant. At the time of final hearing the complainant submits some original documents by way of Firisti for proper adjudication of the complaint.   

            In this respect we may mention  the judgment passed by the Hon’ble NCDRC in case of M/s Singla Builders & Promoters Limited Vs. Aman Kumar Garg ,reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that non filing of  W/V  to complaint amounts to admission of the allegation lodged against them in Consumer complaint.

            The above mentioned ruling can be applicable in the matter in hands as in the instant complaint in spite of  receipt of notice the OP did not contest the complaint by filing W/V or orally. Therefore in view of the said judgment the allegation made out in the petition of complaint can be admitted as no refusal is forthcoming against such allegation.

            We have carefully perused the petition of complaint and document filed by the complainant and the argument advanced by the complainant. It is seen by us from the documents and the pleading that admittedly the complainant had entered into an agreement for sale with the OP for purchasing a Bungalow the total consideration of the said property was agreed for Rs. 29,50,000.00 against which a sum of Rs. 5,15,000.00 was paid. As the OP has failed to discharge his liabilities hence, this complaint is initiated by the complainant praying for certain reliefs.

            Document shows that the complainant had discharged his liabilities by making payment to the OPs but the OPs being reluctant has failed to abide by the terms and conditions of agreement for sale till filing of the complaint.

            From the pleading it is evident that the complainant paid a sum of Rs. 5,15,000.00 in several installments out of which refund for a sum of Rs. 3,82,000.00 has been received by him leaving a balance of Rs. 1,33,000 receivable. In this connection though correspondences were made by the complainant with the OP the complainant is yet to get back the full amount of refund. Under the circumstances we are at one that the OP shall take immediate step to refund the entire amount of Rs. 1,33,000.00 receivable from the OP along with interest of 9% per annum from the date of payment of the amount till the date of refund.

Admittedly due to in action on behalf of the OP, the complainant had been suffering unnecessary harassment for a long period. Such in action of the OP can be termed as deficiency in service on behalf of the OP for which the OP is under the obligation to pay compensation to the complainant. It is further admitted fact that as the Op did not take any step for redressal of the complainant the complainant had to approach before this Ld. Forum by filing this complaint and for these proceedings the complainant has incurred some expenses for which the complainant is entitled to get litigation cost from the OP.

            Going on by the forthcoming discussion it is ordered that the Consumer Complaint being no. 16 of 2019 is hereby allowed ex parte with cost.         

            The OP shall refund the entire outstanding amount of Rs. 1,33,000.00 along with interest @ 9% per annum for the period from the date of payment of the installments till realization of the entire refund within 45 days from the date of passing of this judgment failing which the interest component will be @ 12% per annum for default period.

            The OP is also further directed to pay a compensation of Rs. 20,000.00 and litigation cost of Rs. 5,000.00 to the complainant within a period of 45 days from the date of passing of this judgment. The complainant will be at liberty to put the entire order in execution.

            Let a plain copy of this order/judgment be given to the party as per CPR, 2005.

          Dictated & Corrected by

        Mr. Abinash Chandra Sarkar

                    Hon’ble   Member