Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel for the Complainant is present.

Today is fixed for ex-parte hearing of the complaint case.

Heard the ld. Counsel for the Complainant.

This is a case U/s.12 of the Consumer Protection Act of 1986 valued at Rs.27,02,456/-(Rupees Twenty seven Lac two thousand four hundred and fifty-six) only.

The fact of the case is in short like that on 05.03.2013 the Opposite Party No.1 approached the Petitioner for purchasing one 2 BHK Flat measuring about 663 sq. ft. with lucrative rewards.   Accordingly, the Complainant made the application to Opposite Party No.1 on the same date and the Opposite Party issued a money receipt of Rs.10,64,035/- (Rupees Ten Lac sixty four thousand & thirty-five) only.  The Xerox copy of the application and the money receipt are enclosed as Annexure “A” & “B”.

Opposite Party No.1 thereafter entered into an Agreement for sale on 07.05.2013 and 18.12.2013 with the Complainant in which the Opposite Party No.1 promised to satisfy the Complainant within 3 years from the date of execution of the Agreement otherwise the Opposite Party shall be duty bound to refund the Petitioner the aforesaid sum.  Opposite Party also agreed to pay higher amount compared to the deposited money as compensation for failing to deliver the Petitioner the possession of the Flat in question.

The Opposite Party No.1 failed and neglected to satisfy either of the promises as agreed within the period of three years.  The Complainant requested the Opposite Party on a number of occasions for doing the needful but Opposite Party did not take any step.  So, the Complainant filed this case for getting refund of the amount along with compensation and litigation cost.

In support of his case the Complainant filed the evidence on affidavit.  Initially, the Opposite Parties contested the case by filing W/V denying all allegations of the case along with technical pleas.  Subsequently, they did not appear so the case proceeded ex-parte against them.

Perused the evidence on affidavit along with documents annexed herewith.

It appears from the evidence on affidavit and the documents filed by the Complainant that the Complainant is a consumer.  There is gross deficiency in service; the Opposite Parties did not fulfill their promise.  So, the Complainant is entitled to get relief as prayed for.

Accordingly, the complaint case being No.CC/728/2017 is allowed ex-parte against the Opposite Parties with litigation cost of Rs.5000/- (Rupees Five thousand) only.

Opposite Parties are directed to refund the cost of Rs.17,02,456/- (Rupees Seventeen Lac two thousand four hundred & fifty-six) only along with interest @8% p.a as compensation from the date of payment within two months from the date of Judgment failing which the Complainant will be at liberty to put the award into execution.

Let free copies of this order be made available to the parties concerned.

Thus, the complaint case is allowed and disposed of.

Note accordingly.