ORDER

                            ( Passed on 16-05-2016 )

Per Mr. M. K. Walchale, Hon’ble President :-

1.            Complainant has filed this case under Section 12 of the Consumer Protection Act  1986.   The Contentions of the Complaint are that the Respondent  is the Developer and Builder,  who introduced the scheme of  Laxmi Narayan Residency  tobe constructed on Survey No. 78 of  Mouze - Kathora, Dist. Amravati.

2.          The Complainant No. 1 has booked a Flat in ‘ M ’ Wing, bearing No. 212  admeasuring 535 Sq. Ft. ( in short Flat ) The selling price of the flat was Rs. 9,00,000/- (Rs. Nine lakhs only).  The Complainant No. 2 on behalf of Complainant No. 1 has paid Rs. 2,25,000/- towards part consideration of the flat to the Respondent, who then issued the Receipt in favour of the complainants on 09-07-2012.  The Respondent also on 20-07-2012 executed an agreement to sale of this flat to the Complainants and also on 11-07-2014 an allotment letter of this flat to the complainants.  As per agreed terms the possession of the flat was to be given to the Complainants within two years from the date of the agreement.

3.         According to the Complainants inspite of  agreement to sale of the flat and allotment letter and they having paid the part consideration the respondent failed to abide by the terms of the agreement. He even did not commence up till now the construction work of the Laxmi Narayan Residency.  By not abiding the terms of the agreement and not even commencing the work of the construction the Respondent has indulged in the deficiency in service and has been utilizing the amount given by the Complainants to him.  Thus, they issued the notice dt. 19-11-2014 to the Respondent but in vain.

4.        They have, therefore, filed this complaint application praying for the relief therein.

5.        Inspite of the notice served on the Respondent as he failed to appear in this case, the Order Proceedings the case ex parte against him has been passed on 26-04-2016.

6.      Heard learned Advocate for the complainants, perused the complaint and the documents produced by them.

7.     The Complainants have produced the receipt showing that they paid part consideration of Rs. 2,25,000/- to the Respondent.  The allotment letter and agreement to sale the flat if perused it is seen that the respondent received part consideration of Rs. 2,25,000/- from the complainants and agreed to handover the possession of the flat to Complainants within 2 years from the date of agreement i.e. 20-07-2012 but up till now he has not even started the construction thus committed the breach of terms of the contract.  In spite of the Notice dt. 19-11-2014 he has not complied with the same and not returned the amount received from the complainants and utilizing the same for his unlawful gain.  This conduct of the respondent amounts to deficiency in service.  As he failed to appear in this case it is deemed that he admits the claim of the complainants.  The overall effect of the above discussion is that the Complaint will have to be allowed and accordingly, it is allowed as per the following Order.

ORDER

1. The Respondent do pay Rs. 2,25,000/- ( Rs. Two lakh twenty five thousand only ) with interest @ 9% per annum from 09-07-2012 to the Complainants, within 30 days from the date of Receipt of the copy of this Order.

2. The Respondent do pay Rs. 10,000/- ( Rs. Ten thousand only ) as compensation and Rs. 2,000/- ( Rs. Two thousand only ) towards costs to the Complainants.

3. Copy of the Order to be supplied to the parties free of cost.