Complainants’ case in brief is as follows:-
The complainants being attracted with the advertisement of the opposite parties applied for allotment of a bunglow under the project of the OPs and subsequently OP allotted a bunglow in “Royal Enclave” project situated at Hudrait Mouza, New Town Action area-3, Sapoorji Paloonji Bus Stop, New Town, West Bengal-700135 in favour of the complainants by sending a letter dated 04.03.2019. It is stated by the complainants that on 30.12.2018 and 13.01.2019 they paid total amount of Rs. 4, 00,000/- out of total consideration of Rs. 20, 00,000/- to the OP and for further payment of remaining consideration the complainants have taken up the financial assistance from State Bank of India. It is further stated that after expiry of 3 months the OP did not take any steps towards execution of agreement for sale in favour of the complainants in spite of several requests. Under such circumstances suddenly OP requested the complainants to apply for refund of the deposited amount and assured them to refund the same. Accordingly the complainants applied for refund of the deposited amount on 03.06.2019. It is further stated by the complainants that on several occasions they requested the OP to refund the deposited amount but OP failed to do the needful. Thereafter the complainants by sending Advocate’s letter dated 17.12.2019 requested the OP to refund the deposited amount of Rs. 4, 00,000/- in favour of the complainants. It is stated that one official of the OPs has sent e-mail to the complainants stating that they will refund the entire deposited amount to the complainants on condition that they will pay an amount of Rs. 50,000/- at the end of February, 2020 and thereafter the rest of the amount will be paid through installments. It is further stated by the complainants that OP refunded Rs. 50,000/- on 22.07.2020 and Rs. 58,330/- on 17.08.2020 in favour of the complainants though they did not refund the balance amount of Rs. 2, 91,670/- till date. Finding no way the complainants filed this case praying directions upon the OP to refund the rest of the deposited amount along with interest and compensation of Rs. 2,00,000/- and litigation cost of Rs. 50,000/.
OPs have contested this case by filing W/V, denying and disputing allegations made against them, stating that they have already refunded Rs. 2,68,330/- vide cheque nos. 000925, 011634, 011644 dated 22.07.2020, 17.08.2020 and 02.09.2020 to the complainants. OPs have further stated that they were willing to refund remaining amount of Rs. 1, 02,040/- in five installments on and from January, 2021 and as such they are not deficient in providing service. OPs have prayed for not allowing any relief in favour of the complainants.
To prove their case the complainants adduced evidence on affidavit and BNA. On the other hand OPs have abstrained from adducing evidence and BNA.
Points for determination
- Whether the OPs are deficient in rendering proper service to the complainants.
- Whether the complainants are entitled to get relief as prayed for.
Decisions with reasons
All points are taken up together for the sake of convenience and brevity in discussions.
Admittedly the complainants paid Rs. 4,00,000/- out of total sale consideration of Rs. 20,00,000/- to the OPs for the booking purpose and first installments of a bunglow and OPs have allotted a bunglow on 1 katha, E-1, Block-13 in “Royal Enclave” project. OPs have refunded Rs. 1.08, 330/- to the complainants.
On perusal of the documents it appears that OPs have promised to refund entire received amount of Rs. 4,00,000/- to the complainants by sending letter dated 24.01.2020 and accordingly refunded Rs. 50,000/- on 22.07.2020 and Rs. 58,330/- on 17.08.2020. Thereafter the OPs remained silent. Therefore, it is evident that after cancellation of booking the entire deposited amount was to be refunded in favour of the complainants although OPs have refunded the same partly but rest amount is not refunded till date. Deviation from such promises amounts to deficiency in service on the part of the OPs. Since OP have not refunded the entire amount till date that has compelled the complainant to file this case to get back their money promptly, hence OPs are liable to pay compensation and litigation cost to the complainant.
In course of argument Ld. Advocate of the complainant submitted that after filing this instant case OP-developer has refunded Rs. 50,000/- on 02.09.2020, Rs. 25,000/- on 19.09.2020, Rs. 25,000/- on 13.10.2020 and Rs. 60,000/- on 16.10.2020. So the rest amount of Rs. 1, 31,670/- is still payable by the OPs. OPs shall refund rest of the amount to the complainants.
In the light of the above observations and findings, we are of the considered view that the complainant has established the case against the OPs. All the points under determination are answered accordingly.
In the result the consumer complaint succeeds.
Hence it is
ordered
that the complaint case no.212/2020 is allowed against the OPs with cost.
OPs are directed to refund Rs.1, 31,670/- to the complainants within one month from the date of this order. OPs are further directed to pay Rs. 30,000/- as compensation and Rs. 20,000/- as litigation cost to the complainant. All such payments shall be paid within one month from this date of order failing which interest @12% shall accrue with entire amount.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
