HON’BLE MR. AJEYA MATILAL, PRESIDING MEMBER
Ld. Counsel appearing for the Complainant is present.
Sri Sovan Lal Bera, on behalf of the OP Nos. 1 & 2 enters appearance by filing additional Vokalatnama.
They filed BNA.
Let these be kept with the record.
Heard the submissions of all concerned.
Considered.
This is a case under Section 17 of the Consumer Protection Act, valued at Rs.49,92,500/-.
Perused the complaint petition and W/V along with evidence on affidavit adduced by both the parties.
Fact of the case is, in short like that, the Complainant entered into a MoU for purchasing the scheduled flat. Out of the total consideration money the amount paid was Rs. 4,22,798/-. The fact regarding entry of MoU and payment of the aforesaid sum has not been disputed by either of the parties. The Ld. Counsel for the OPs submitted that due to some reasons beyond his control he could not complete the construction. However, he is willing to refund the amount. He further categorically stated that it is not possible for him to complete the construction. So, we are of the view that an appropriate order should be passed.
Undoubtedly, that the Complainant is a Consumer and there is deficiency on the part of the OPs and there is cause of action for filing the case which arose from 06.07.2015 and which continued till the filing of the complaint case.
Complainant is entitled to get the relief.
Hence,
O R D E R E D
The Complaint case being no. 155/2019 is allowed on contest. The OPs are jointly and severally directed to refund Rs.4,22,798/- with an interest @ 7.5% p.a. from the respective dates of payment within 45(forty five) days along with litigation cost of Rs.10,000/-. The interest rate as has been ordered by this Commission is passed with a view to treat it as compensation.
Let a copy of this order be made available to the parties free of cost.
If the judgment/order is not complied by the OPs the Complainant is at liberty to put the order into execution.
The Complaint Case being no. 155/2019 is disposed of.
Note accordingly.
