Hon’ble Mr. Ajeya Matilal, Presiding Member
The Ld. Advocate Amit Ghosh for the complainant is present. Today is fixed for ex parte hearing of the case.
Heard the submission of the Ld. Advocate for the complainant.
This is a case u/s 17 of C.P. Act, 1986 valued at Rs. 21,78,650/-.
The fact of the case is in short like that the complainant filed an application on 12.10.2014 to the OPs being the developer companies for purchasing a self contained residential flat in the project namely Nestwood Mapple in respect of apartment no. A1 on the 1st floor in Tower No. T25 measuring about 898 sq. ft. for a consideration of Rs. 17,28,650/- (898 sq. ft. @ Rs. 1925 per sq. ft.) and Rs. 3,00,000/- for car parking space. The complainant paid Rs. 2,59,300/- as booking money to the OPs against which the OPs issued a valid money receipts. The OPs officially informed about the said booking on 08.09.2015 by sending a letter to the complainant mentioning the particulars of the apartment no. A1 on the 1st floor in Tower no. T25 of 898 sq. ft. The OPs assured that they would deliver the possession of the flat as early as possible as per schedule but no such schedule has been mentioned. According to the complainant the cause of action of the case arose on 12.10.2014, 08.09.2015 and 29.03.2017. The complainant prayed for direction upon the OPs for delivery of the schedule flat upon payment of balance consideration amount and execution and registration of the deed of conveyance etc alternatively the complainant prayed for refund of the aforesaid amount of Rs. 2,59,300/- along with interest with compensation of Rs. 1,50,000/- and litigation cost of Rs. 25,000/-.
The complainant adduced his evidence by way of affidavit and they also filed BNA. The evidence adduced by the complainant was not challenged by any sort of cross examination.
The application form dated 12.10.2014 is at annexure A. The money receipt issued by the Nestwood Estates Pvt. Ltd. against the projects are in annexure A series. It appears from the money receipts dated 12.10.2014 and 09.11.2014 that initially the complainant paid Rs. 1,85,000/- and subsequently Rs. 74,300/- on accounts of Nestwood Estate Pvt. Ltd.
According to the Ld. Advocate for the complainant the OPs did not make any response in respect of the application made by the complainant. He submitted that by a letter dt. 08.09.2015 the OPs assured the complainant that the construction work of the project was in progress and it would be handed over to the complainant as per schedule. But in spite of that no positive development took place. So, the complainant by a letter dt. 29.03.2017 asked the OPs to refund the money with interest.
It is apparent from this discussion that no agreement for sale has been executed and no time limit has been framed for delivery of possession and execution of deed of conveyance. But it is clear from annexure A series that the complainant paid the booking amount of Rs. 2,59,300/- in total but in spite of receiving the same the OPs did not do anything positively. So, undoubtedly the complainant is a consumer and there is deficiency in service on behalf of the OPs. So, the complainant is entitled to relief as prayed for. The Ld. Advocate for the complainant submitted that as nothing has been done by the OPs for the aforesaid project so, the complainant is interested to get refund of the money along with the interest.
If the rate of interest to be payable to the complainant is enhanced, it would compensate the complaint for his mental agony and harassment.
There is nothing to disbelieve the unchallenged oral and documentary evidence adduced by the complainant. So, the case succeeds.
Hence it is ordered
The CC/539/2019 is allowed ex parte against the Opposite Parties with litigation cost of Rs. 10,000/- payable by the Opposite Parties. The OPs are jointly and severally directed to refund Rs. 2,59,300/- along with an interest @ 12% p.a. from the date of payment till the date of realisation of entire amount within 60 days from the date of this order failing which, complainant will be at liberty to put the order into execution.
