Date of filing : 11.10.2018

Judgment : Dt.27.06.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Mr. Chandra Sekhar Ghosal alleging deficiency in service on the part of the opposite party (referred as OP hereinafter) namely M/S Golden Point Landcon Pvt. Ltd. represented by its Managing Director Mr. Dipankar Naskar.

            Case of the Complainant in brief is that he booked a flat on 17.3.2016 from the OP being flat No.2D in tower 12 along with one car parking and paid a sum of Rs.1,36,000/- by way of cheque towards the said booking of the flat and the car parking. Subsequently an agreement was entered into between the parties  on 26.3.2016 whereby the consideration price was fixed for the flat Rs.13,60,000/- and Rs.1,25,000/- for the car parking. Out of the said total consideration price of Rs.14,85,000/-, Complainant paid Rs.3,32,000/- further towards flat and Rs.60,000/- towards car parking space on 26.3.2016 by way of two cheques. After the execution of the agreement for sale he also paid Rs.2,38,832/- by way of 10 installments to the OP and thus a total sum of Rs.7,06,832/- has been paid by the Complainant to the OP. As per terms of the agreement, OP was to complete and handover the flat and car parking space within May, 2018. It was found that no development work was done towards the said project by the OP. So, ultimately he sent a notice to the OP on 1.6.2017 asking to refund the amount and in reply to the said notice OP offered him an alternative flat. But the same also was not done. Complainant was always ready to purchase the flat and the car parking space. But he has neither been delivered the same nor been refunded the amount of Rs.7,06,832/-. Thus, the complaint has been filed against the OPs directing them to refund the entire amount of earnest money and part payment of Rs.7,06,832/-   together with interest @ Rs.18% p.a. on the said amount, to pay compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-.

            Complainant has annexed with the complaint petition, the money receipts, copy of the agreement, the form towards booking of the flat, copy of the notice, returned cheques and also copy of certain complaint made before the local Police Station.

            On perusal of the record, it appears that in spite of service of notice no step was taken by the OPs and thus, vide order dt.27.2.2019, the case was fixed for ex-parte hearing.

            So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for.

            Decision with reasons

            In support of his claim that he had booked a flat and car parking space in the project of OP namely Golden Valley Housing Complex on 17.3.2016 and had paid a sum of Rs.1,36,000/-, Complainant has filed an application form showing such payment. The agreement entered into between the parties on 26.3.2016 is also filed, wherefrom it appears that it was agreed that the flat would be completed and will be handed over by May, 2018. The money receipts filed by the Complainant, substantiate his claim of payment of total amount of Rs.7,06,832/-. It appears further  that OP towards refund had issued four cheques of Rs.50,000/- each, but, apparently the same have been dishonoured due to insufficient fund. So, as the OP has failed and neglected to deliver the flat and car parking space as agreed and neither they have refunded the amount paid by the Complainant towards booking and part payment, there has been deficiency in service on the part of the OP and thus Complainant is entitled to refund of the said amount of Rs.7,06,832/- especially when there is absolutely no contrary material forthcoming before this Forum. He is also entitled to the interest @ 18% p.a. as claimed because if the Complainant intends to buy a flat today he shall have to pay much more than what was agreed in 2016 between the parties. Apparently, Complainant has visited number of times the OP and he also had to approach the police for their non-compliance. So, interest @ 18% on the said amount would be justified. However, as interest is allowed, we find no justification to allow the compensation as prayed for.

            Hence

                                     ordered

            CC/599/2018 is allowed ex-parte. OP is directed to refund Rs.7,06,832/- along with interest on the said sum @ 18% p.a. from 26.3.2016 to till this date within two months from the date of this order. OP is further directed to pay litigation cost of Rs.12,000/- within the aforesaid period of two months failing which the entire sum shall carry interest @ 12% till realization.