Order No. 26 Dt. 05.07.2017

                       This is the case u/s 12 of the Consumer Protection Act, 1986. The fact of the case in a capsulated form is that the complainant is a practicing Advocate of Malda Court and the O.P. Nos. 1,2 and 3 are the Directors of Vibgyor Allied Infrastructure Ltd. having registered office at Kolkata and Branch Office at Malda and O.P. No.4 being the Branch –In-Charge. The O.P. carries business of building construction for residential purposes and approached the complainant to buy a flat through the Malda Branch to be constructed at Sonarpur Kolkata. Accordingly, the complainant booked a flat on payment of Rs.296100/- through Malda Branch Office of the O.P. Company on 31.07.2013 and the money receipt was issued on 24.08.2013 through Branch Office, Malda and he was also assured that the booking flat would be delivered by January, 2015.

The complainant’s case in further is that the flat was not delivered within due date and he approached the opposite parties to handover the flat to him immediately but the opposite parties have failed to deliver the same. Then the complainant insisted the opposite parties to return back the booking money but the opposite parties did not do the same. The complainant issued many letters on various dates approaching them to return back the booking money. The O.Ps deliberately refused to pay back the earnest money and misbehaved with the complainant. He raised the matter before the local P.S. by a GDE number 1058 dt. 18.09.2015 and so the complainant prefers to move before this Forum with a prayer to get back the earnest money Rs.296100/- along with interest. Rs.200000/- on account of compensation for deficiency in service and Rs.400000/- as compensation for loss of reputation of the complainant and Rs.10000/- for cost of litigation.

          Being satisfied of the complainant case the Forum issued notice upon the opposite parties to appear before the Forum and to submit the show cause but none of the opposite parties came to the Forum to contest the case. So the matter was placed for ex parte hearing. The complainant in support of his case adduced evidence by affidavit-in-chief duly tendered. The supportive documents also was produced on his behalf.

          After considering the oral and documentary evidences which was remained unchallenged the Forum unanimously came to a conclusion that the complainant booked a flat from the O.P. Company by paying the earnest money Rs. 296100/- and after the stipulated period neither he gets the flat nor he gets return the earnest money from the end of the opposite parties. It is further established that the opposite parties not only grabbed the earnest money paid to them by the complainant they also for not delivering the possession of the flat which comes to the purview of deficiency in service. Therefore, the complainant is well entitled to recover the earnest money paid by him along with interest but also to get the sufficient compensation for his harassment and not getting any flat in spite of rightful booking.

            Proper fee paid.

          Hence,                                     ordered

that the O.P. Nos. 1 to 4 are directed to return back the earnest money for booking flat of Rs. 296100/- along with interest @ 6% p.a. from the date of 24.08.2013 and compensation of Rs.100000/- and litigation cost Rs.5000/- to be paid within one month from this date of order, failing which further interest @ Rs.6% p.a. will be imposed on the decretal amount from the date of receiving the copy of this order in default the petitioner is at liberty to put the decree into the execution.  

Let a copy of this order be given to each of the parties free of cost.