Hon’ble Mr. Ajeya Matilal, Presiding Member

Complainant is present in person.

This is a case u/s 17 read with section 12 of the C.P. Act, 1986 valued at Rs. 47,30,000/-.

The fact of the case is in short like that in July, 2011 the Opposite Parties advertised in a newspaper stating that they had intention to sell out the schedule property by plotting the same in different measurements after construction of road, electrical pillars, sewerage system etc. So, the complainant visited the office of the OP no. 1  company and met its Directors namely OP nos. 2 & 3. The OPs showed the complainants the leaflets of the project namely ‘Sampurna’. According to the complainants the consideration money for each plot was reasonable in respect of the location. The complainants agreed to book four plots measuring about 1080 sq. ft. each vide plot no. 108, 109, 313 and 314 measuring about 4320 sq. ft. at Mouza Bishnupur, Jagadishpur, Jamal para, North 24 Pgs which were described in the schedule for total  consideration of Rs. 21,60,000/-. At the time of booking the complainants paid Rs. 2,16,000/- to the OPs vide some cheques and in cash. The complainants requested the OPs for execution of agreement for sale in respect of the plots. The OPs asked the complainants to pay 10% further on the consideration money i.e. Rs. 21,60,000/- and they stated that after making further payment they would execute the agreement. The complainants paid further Rs. 1,92,000/- on 14.11.2011 to the OPs for execution of the agreement for sale. The OPs asked the complainants to contact them after a week, when the drafting and preparation of the agreement for sale would be completed. On 21.11.2011 the complainants contacted the OPs, but they did not respond to the phone calls of the complainants. Then the complainant met the OPs in their office. The OPs prayed for further time for preparation of agreement for sale. Then the complainants stated to the OPs that until and unless the agreement for sale is executed they would not pay any further instalment or any earnest money in respect of the said plots. But in spite of the request from the complainants the OPs failed to prepare agreement for sale. The father of the complainants was suffering from different ailments due to old age and he required medication and hospitalisation. Being unsatisfied with the conduct of the OPs the complainants asked them to refund the booking money of Rs. 4,08,000/- within 15 days. The OPs sent a letter to the complainants on 04.08.2012 asking them to pay instalments. They also threatened the complainants to the effect that they would charge 2 % interest, if the outstanding dues were not cleared within 15 days. The complainants contacted the OPs and questioned them about the validity of their letter dt. 04.08.2012. They further requested the OPs to prepare, execute the agreement for sale and handover the relevant documents regarding the right title and interest of the OPs in respect of the said plot. But the OPs kept mum. They sent a letter on 08.03.2013 addressing the complainants regarding cancellation of booking of the said plot if the complainants failed to pay the balance consideration money in respect of the said plot within 15 days. The complainants sent an advocate’s notice on 07.05.2014 to the OPs asking them to provide the copies of the deeds, documents etc showing their title within 15 days. But the OPs did not take any action. The complainants further requested the OPs by letter dt. 26.10.2014 requesting them to refund Rs. 4,08,000/-.  The said letter was received by the OPs, but in spite of receiving the same they misbehaved with the complainants and asked them to take their money after 30 days. After 30 days the complainants again visited the OPs for refund. But one of the representatives of the Director stated to the complainants, that they did not have any fund. Subsequently, on 19.03.2015 the complainants sent another letter to the OPs requesting them to refund the booking money. Finally, the complainants sent advocate’s letter on 12.11.2015 asking them to refund the booking money with interest @ 18% p.a. In spite of receiving the same, the OPs did not take any steps. According to the complainants the cause of action arose on 19.03.2015, 12.11.2015 and lastly on 30.11.2015.

So the complainant filed this case seeking a direction upon the OPs either to deliver the possession of the schedule property or refund of the said amount with an interest @18% p.a. The complainant also prayed for compensation of Rs. 2,00,000/- and litigation cost of Rs. 1,00,000/-.

 The OPs did not appear in spite of receiving the summon and they did not file any W.V or evidence.

The complainant files his evidence on affidavit which remains unchallenged.

Perused the complaint along with the document annexed. We perused the money receipts. It appears that the aforesaid amount was paid by the complainants. We also perused the correspondence made by the parties regarding payment and page 23 of the annexure of the complaint being an Advocate’s letter addressed to the OP/ Director. From the discussion we find that the complainant paid  a portion of the consideration money to the OPs with a view to purchase the schedule plots and within the stipulated period as discussed between the parties the OPs did not take proper step. So, the complainants are consumers and the as the OPs did not perform their obligations so, there is deficiency in service on their behalf. So, the complainants are entitled to relief as prayed for.

Hence it is ordered

The CC/776/2017 is allowed ex parte against the OPs with a litigation cost of Rs. 15,000/-. The OPs are directed to refund Rs. 4,08,000/- with  an interest @ 10% p.a. on the said sum from the date of each payment respectively within 3 months from the date of this order, along with litigation cost, failing which the complainants will be at liberty to put the order into execution.