This complaint case is filed u/s 35 of Consumer Protection Act, 2019 by the complainant alleging deficiency in service on the part of the opposite parties as well as unfair trade practice adopted by them.

Case of the complainant in brief is that being attracted by the advertisement of the opposite party company’s (OP no.1) on going project namely “Universia” at Rajarhat Bhagabanpur, in
South 24pgs, the complainant has applied for booking of a flat of 2BHK measuring about 650 sq.ft. area along with a car parking space for a four wheeler vehicle vide application no.-DU2965 and accordingly the complainant paid Rs. 1,50,000/- on 17.04.2017 to the OPs. OP no.1 by sending a letter dated 03.05.2017 allotted a 2BHK flat in type-C, block-1 at the 5^th floor of the project “Universia” and subsequently sent a e-mail on 04.05.2017 assuring that they will deliver of the possession of a flat and car parking space within 31^st Dec, 2018. It is stated by the complainant that though she has further paid Rs. 75,000/- for booking amount to the OP on 30.08.2017, OP did not execute the agreement for sale till date and OP by sending letter dated 26.12.2017 stated that they were going to start the construction work of the said project on or before January, 2018. The complainant further stated that as per terms and conditions of the booking dated 09.04.2017 and subsequently confirmation letter dated 03.05.2017 and e-mail sending by the OP dated 04.05.2017 the OP no. 1 had agreed and committed to deliver the possession of a 2BHK flat in complete inhabitable condition to the complainant within 31^st December, 2018 but they failed to do the same till today and the project work has not yet been completed. Finding no other alternative the complainant after waiting for 19 long months has applied for refund of the deposited amount of Rs. 2,25,000/- on 01.01.2019 but OP did not take any initiative to that effect. However, on several requests of the complainant the OPs have refunded only Rs. 45,000/- to the complainant but rest of the amount is yet to be refunded by the OPs for which the complainant files this case praying for direction upon the OPs to refund Rs. 1, 80,000/- along with interest @ 14%p.a. and compensation of Rs. 75,000/- and litigation cost of Rs. 35,000/-.

Notices were duly served upon the OPs in spite of that none appears on behalf of the OPs. Hence the case was proceeded ex parte against them vide order no. 5 dated 10.06.2022.

In support of her case the complainant adduced evidence on affidavit with all relevant annexures and BNA.

Decision with reasons

Admittedly the complainant booked a flat by paying Rs. 1,50,000/- and Rs. 75,000/- to the opposite parties for which the opposite parties allotted a flat in their “Universia” project at Rajarhat, Bhagabanpur, South 24pgs.The Opposite Party allotted a flat in favour of the complainant.

The complainant stated that she has applied for refund of the deposited amount as OPs have failed to start the development work of the project and handed over the possession of the said flat within the stipulated period and thereafter the OPs have agreed to refund the deposited amount to her and subsequently refunded Rs 45,000/ to her.

It appears from the e-mail dated 22.10.2019 sending by the OP that they promised to refund the paid amount. In the case of Kolkata West International City Pvt. Ltd. V/s Devasis Rudra in Civil Appeal no. 3182 of 2019 decided on 25.03.2019 the Hon’ble Apex Court has laid down that an allottee cannot be made to wait indefinitely for the possession of apartment booked by him and is entitled to refund of the money deposited. Therefore, it is obvious that the complainant is entitled to refund the deposited amount.

The next question which arises for consideration is the quantum of compensation to which the allottee is entitled to. In the light of judgement passed by the Hon’ble NCDRC, NEW DELHI in consumer case no180 of 2020 decided on 03.01.2022 where the Hon’ble NCDRC pleased to pass an order to refund the entire amount with interest @9% p.a and litigation cost to the complainant, we think an order for compensation in the form of interest @9% will be just and appropriate along with the litigation cost of Rs 25,000/-.

In the result the complaint case succeeds.

                                       Hence,it is

                                                    Ordered

that the consumer complaint no.131/2021 is allowed exparte against all the OPs.

OPs are directed to refund Rs 1, 80,000/- with the interest@9% p.a.from the date of last payment till realization to the complainant within 45 days from this date of order. OPs are further directed to pay Rs 25,000/-as cost of litigation to the complainant within 45 days. All such payments shall be made within the said period failing which interest @12% shall accrue on the 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