Order No. 7 dt. 27/06/2019
The case of the complainant in brief is that the complainant entered into an agreement for sale with o.p. developer for purchasing a flat having an area of 310 sq.ft. for a total consideration of Rs.16, lakhs and the complainant paid an amount Rs.12 lakhs by way of account payee cheque and subsequently he further paid an amount of Rs.1 lakh on 13.2.18. The complainant entered into an agreement with o.p. developer since he was convinced by o.ps. that there will be a lucrative project to be constructed by o.ps. Subsequently o.ps. informed the complainant that the said project hampered due to government policy and o.ps. are unable to construct the said project and as such, the agreement dt.9.2.18 was cancelled. In the cancellation agreement dt.24.12.18 o.ps. agreed that they would refund the amount of Rs.13 lakhs within the month of Jan. 2019, but o.ps. did not refund the said amount, for which the complainant filed this case praying for direction upon the o.ps. for refund of the said amount of Rs.13 lakhs as well as compensation and litigation cost.
In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.
The complainant in support of his contention filed the documents including the evidence whereby he stated that he entered into an agreement for sale with o.p. developer for purchasing a flat having an area of 310 sq.ft. for a total consideration of Rs.16, lakhs and the complainant paid an amount Rs.12 lakhs by way of account payee cheque and subsequently he further paid an amount of Rs.1 lakh on 13.2.18. The complainant entered into an agreement with o.p. developer since he was convinced by o.ps. that there will be a lucrative project to be constructed by o.ps. Subsequently o.ps. informed the complainant that the said project hampered due to government policy and o.ps. are unable to construct the said project and as such, the agreement dt.9.2.18 was cancelled. In the cancellation agreement dt.24.12.18 o.ps. agreed that they would refund the amount of Rs.13 lakhs within the month of Jan. 2019, but o.ps. did not refund the said amount, for which the complainant filed this case.
It appears from the materials on record that the complainant entered into an agreement with o.p. developer, but o.p. developer failed to construct the building and accordingly, the flat was not provided to the complainant. It has also come in the evidence that o.ps. agreed to refund the amount of Rs.13 lakhs since the project was cancelled. Ld. lawyer for the complainant in support of his contention cited a ruling as reported in 2016 (3) CPR 191 (NC) wherein it was held that upon default by builder, complainants are entitled to claim refund of the amount paid by them along with appropriate compensation. The complainant has also filed the agreement for sale as well as the cancellation agreement which established the fact that the complainant paid the amount of Rs.13 lakhs and the amount was not refunded to the complainant within the stipulated period. Since the evidence adduced by the complainant has remained unchallenged, therefore we have no other alternative but to allow the prayer of the complainant. In view of the facts and circumstances as stated above, we hold that there is gross deficiency in service on the part of o.ps. and the complainant will be entitled to get the relief. Thus the case is disposed of accordingly.
Hence, ordered,
That the CC No.73/2019 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.13,00,000/- (Rupees thirteen lakhs) only to the complainant along with compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
