Dated : 26 July, 2022

 Judgement

HON’BLE MR. SUDIP NIYOGI,                                         PRESIDENT

 This case arises out   of a complaint u/s. 35 read with Section 38 of the Consumer Protection Act, 2019.

The fact of the case in short is that the complainants had booked one bungalow of 1440 sqr. ft. named Sandhyarag Unit B-135 of an area of 2 cottahas  in “Greenland – Eco Village Project” at Makrampur Gram Panchayat within P.S. Sonarpur South 24 Parganas, Kolkata - 700150 launched by the OPs. The agreement for sale was executed between the parties  on 27.04.2013 on payment of Rs.7,00,000/- by the complainant. Subsequently, realizing the OPs not in a position to finish the  project and handover the bungalow, the complainants decided to cancel the booking  in the month of December, 2016 and sought for refund of the advance amount paid by him. Later, OP No. 2 issued seven number of post-dated  cheques  vide letter  dated 15.05.2017 for an  amount of 7,00,000/-  in total  to the complainants but the said cheques were dishonoured for want of sufficient funds. There were  several correspondences between the complainants and the OPs through email. Despite the assurance given by the OPs for making refund of the amount but that was not done. Feeling aggrieved, the complainants approached this commission for  redressal  in the form  of refund of the amount of advance of Rs. 7,00,000/-,  compensation and  cost of litigation.This case was heard ex parte as the OPs despite receipt of notice did  not appear and contest the case.

            The complainants produced several documents, namely, allotment letter (Annexure P-1), agreement  for sale dated 27.04.2013 between the  OPs and the complainants (Annexure P-2) cancellation of booking  dated 28.12.2016 (Annexure P-3) and the letter issued by the OPs dated  15.5.2017 issuing cheques for refund of advance (annexure P-4) and several other correspondences (Annexure P-5) (Annexure P-6) and (Annexure P-7).

            Now, the point for consideration is if the complainants are  entitled to the reliefs, as prayed for in this case?

FINDINGS

            We have gone through the petition of complaint   which  was also  treated as evidence on the prayer of the complainants, the documents filed in support of their case and also heard the arguments made on behalf of the complainants. From  all these, we find that the complainants had booked the bungalow as stated in their petition of complaint and made an advance of Rs.7,00,000/- to the OPs. But subsequently, complainants   opted for cancellation of the booking and refund of the amount of advance to which the  OPs agreed. OPs also issued cheques for payment of the refund but they got dishonoured due to want of sufficient funds. In fact, the complainants were compelled to cancel the booking  finding that the OPs were not in a position to fulfil the project and handover their bungalow. Therefore, the complainants cannot be blamed for their action of cancellation of the bookings.

            Considering the  unchallenged testimony of the complainants  and  also the documents we find that they have been able to prove their case for which they are entitled to get reliefs in this case.

            As already pointed out, the complainants had made   advance of Rs.7,00,000/- so they are entitled to get refund  of the said amount along with interest. Complainants are  also entitled to  interest @ 9% p.a. from the date of the  last payment which is 01.12.2012 (Annexure-2). They are  also  entitled to  Rs.3,000/- for cost of litigation.

            As a higher rate of interest  is awarded, we do not consider  for compensation  for harassment  separately.

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)  with interest   @ 9% per annum until realization  from the OPs.

            They   are  also entitled Rs.3,000/-  for cost of litigation.

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

Dictated and corrected by me.