Order-8.
Date-02/09/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that O.P.-1 is a company incorporated under the Companies Act,1956 ad carries business of real estate. O.P.-2 is the developer. O.Ps. have executed an agreement for sale with the complainant wherein the O.Ps. have agreed to handover 2 BHK Flat having a super built area of 663 sq. ft. on the 2nd floor of the proposed building named as Baruipur Niketan at Baruipur, Dist. South 24 Pgs. the details whereof is described in schedule-2 of the agreement, at total consideration of Rs.11,00,000/-. The complainant paid an amount of Rs.3,80,000/- including service tax of Rs.11,742/- to O.P.-2 by cheques on different dates. It was also agreed that the balance amount to be paid from time to time. In the4 middle of Sept.-2015 the complainant visited the site and observed that no construction work has been started at the site. The complainant contacted with the O.Ps. regarding the construction as proposed but the O.Ps. did not give any reply. It is alleged that O.Ps. have practiced unfair trade and failed to meet up with the contractual obligations. Hence this case.
None appeared from the side of either of the O.ps. to contest the case. Neither of the O.Ps. have filed any W.V. the case has proceeded ex parte against the O.ps.
Point for Decision
- Whether the O.Ps. having deficient in rendering services to the complainant?
- Whether the O.Ps. are guilty of unfair trade practice?
- Whether complainant is entitled to get the reliefs as prayed for?
Decision with Reasons
We have perused the petition of complaint and documents on record namely photocopies of application for, agreement for sale, confirmation letter of the O.Ps. about the receipt of Rs.3,80,000/- from the complainant dated 06/05/2015 as filed from the side of the complainant on record.
It appears that the O.ps. have received an amount of Rs.3,80,000/- from the complainant. Seen the receipt and memo of consideration also in the agreement for sale in this regards. It appears that the O.Ps. have not started with the Project. The O.Ps. have failed neglected to develop the Project as per the agreement for sale dated 08/11/2014. The O.Ps. as we find have received the money from the complainant and have utilized the same for their own gain without any development work of the Project.
None came from the side of the O.Ps. to contest or controvert the version of the complainant, the evidence on affidavit as adduced by the complainant remains unchallenged and uncontroverted. We think that O.Ps. have adopted unfair trade practice and O.Ps. are also deficient in rendering services to the complainant as per agreement for sale.
The complainant as such is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
The case be and the same is allowed ex parte but on merit against the O.ps.
O.Ps. are jointly and severally directed to pay an amount of Rs.3,80,000/- along with interest at the rate of 9 percent p.a. w.e.f. 08/11/2014 till compliance within one month from the date of this order.
O.Ps. are also directed to pay an amount of Rs.1,00,000/- to the complainant for practicing unfair trade, mental harassment apart from litigation cost of Rs.10,000/- within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that event O.ps. will be liable to pay penal damage at the rate of Rs.5,000/- per month to be paid to this Forum.
