Dated : 26 July, 2022

Judgement

HON’BLE MR. SUDIP NIYOGI,                                                     PRESIDENT

            The instant complaint in short is that  in the project, Greenland  Eco Village Project at Makrampur  Gram Panchayat P.S. Sonarpur, District South 24 Parganas, Kolkata 700150 launched  by the OPs, the complainants had booked  one bungalow  area of which  was 1442 sqr.ft., namely, Sandhyarag Unit No. B-135 on a plot measuring 2 cottahs and one agreement  for sale was  executed between the parties. Complainants paid Rs.7,00,000/- as advance till 17.06.2014 towards consideration. Subsequently, complainants could realize that the OPs having no valid sanctioned  plan from the appropriate authority would not be able to complete the project within stipulated time of December, 2015,  and decided to cancel the booking and demanded   for refund of the said advance amount  paid by him, through email dated 28.12.2016.

            The complainants were handed over seven number of  post-dated cheques  by  OP No. 2  vide their letter dated 15.05.2017 totalling  a sum  of R.6,78,370/-, but the said chques could not be honoured  for want of sufficient funds. There were several correspondences between the parties on this matter  but  the refund of the advance  by the OPs still remaining  unpaid. On being aggrieved, the complainants filed the instant case  by filing  a petition of complaint U.S. 35 read with Section  38 of the C.P. Act, 2019, with this commission  praying  for refund of Rs.7,00,000/-  which was  paid as advance, Rs.1,00,000/- for  compensation and  Rs.20,000/- towards cost of litigation.

Despite receipt  of notice, OPs did not  enter appearance in this case and contest.  As a result,  the case was heard ex parte.

The petition of complaint has  been treated as evidence on the part of the  complainants, on their  prayer. Complainants produced allotment  letter  (Annexure P-1)  agreement for sale,  payment receipt B-3. Several correspondences between the parties including issuance of cheque for refund by the OPs. Annexure P-4, P-5, P-6, and P-7.

            Now the point for consideration is whether the complainants are entitled to the relief(s) as prayed for?

FINDINGS

            We have gone through the materials on record including documents filed. The complainants had booked their bungalow in the project launched by the OPs for which they advanced Rs.7,00,000/-  in total to the OPs by making payment  of different dates.  It is also revealed that the complainants subsequently,  cancelled  the booking on realizing  that the OPs would not be able to complete the project and  handover their bungalow to them.  That is why, they  cancelled the booking on 28.12.2016 and sought for refund  of the advance. It is said  that the OPs issued seven number of cheques  for  payment of refund but owing to want of  funds   the cheques were dishonoured. The  refund of money is still due.

            So, it is clear  that due to delay in completion of the project, the complainants were compelled to cancel the  booking and prayed for refund of the advance.

            In such a situation, complainants cannot be blamed for cancellation of their  booking. The contentions of the complainants  remained  unchallenged  as the OPs did not contest the case.  Thus, on consideration of the instant case, we find that the complainants have been able to prove their case for  which they are entitled to get relief(s).

            Complainants  are  entitled to refund of advance of Rs.7,00,000/- with interest at the rate of 9% per annum. Complainants are also entitled to Rs.3,000/- for cost of litigation.  No amount on compensation separately is considered taking into account the rate of interest awarded.

Hence,                         it is

ORDERED

             That the instant case be  and the same is allowed ex parte against  the OPs.

            Complainants are entitled to refund of Rs.7,00,000/- (seven lakh only)  with interest  @ of 9% p.a. from  until realization  from the OPs.

              They are also entitled to Rs.3,000/- (three thousand only) for cost of litigation from the OPs.

            OPs are directed to make the aforesaid payments  within 60 days from the date of this order,  failing which  the complainants shall be entitled  to proceed in accordance with law.

Dictated and corrected by me.