Jharkhand

Bokaro

CC/17/124

Dr. Nitesh Kumar - Complainant(s)

Versus

Sanjay Pratap Singh - Opp.Party(s)

17 Jun 2019

ORDER

Complainant Dr. Nitish Kumar has filed this case for a claim of Rs. 5,41,000/- with interest along with compensation for of Rs. 1,00,000/- for mental harassment and litigation cost of Rs. 20,000/-.

2          The case of the complainant is that he booked a flat in the project Mansarover Apartment with the proprietor Sanjay Pratap Singh and he had paid total Rs. 5,41,000/- time to time for which money receipts had also been issued.

            He further said that original agreement as given to him was without any signature which is in his possession.

            On the ground of loan sanctioning bank, a dispute arose between the two. The O.P. No.1 and O.P. No.2, brother of O.P. No.1, were angry and said that the privilege of the selecting bank is their. Upon this, complainant asked to return his money paid as he changed his mind to purchase the flat.

            He sent a legal notice to the O.Ps. but there is no reply. Hence, this case is filed on the ground of deficiency in service.

3     Following documents have been filed by the complainant in support of case:-

Anx-1 A photo copy of legal notice dt. 27.07.2017 to the O.P.

Anx-2 to 2/4 Photo copies of money receipt issued by O.P.

Anx-3 to 3/5 Photo copies of the pass book of the complainant.

Anx-4 Photo copy of the agreement for sale.

4          O.P. No.1 and O.P. No.3 appeared and filed W.S. it is stated and admitted that the complainant had made booking of the flats with condition that if agreement would be cancelled Rs. 1,01,000/- would be forfeited which is mentioned in column 12. It is also admitted that the complainant had paid Rs. 5,36,000/- and deposited the documents which are also given to O.P.

                        The other facts regarding non return of the money by Vikrant is denied and it is also denied the receipt of the notice.

                        No document is field by O.Ps.

5          O.P. No.2 has also appeared and filed W.S. It is stated that he is not related to M/s Mansarovar Nirman Pvt. Ltd. and there was no talk with the complainant and complainant had not paid money to him and prayed to delete his name.

F I N D I N G S

6          We perused the record and on the basis of the admission of intended booking of the flat and on the payments in part payment, it is apparent, that the complainant is a consumer of O.P. No.1 and the dispute is a consumer dispute.

7          From the facts stated in the complaint and written statement, (as show cause) the dispute is confined only to the facts whether the O.P. No.1 M/s Mansarover Nirman Pvt. Ltd. is authorized to forfeit Rs. 1,01,000/-, in case of cancellation of agreement, on the ground of terms and condition of the agreement is concerned.

                        Agreement for sale Anx-4, which is filed by the complainant bears only signature of the complainant, meaning thereby, there is no agreement between both the sides for the sale of the booked flats. Then there is no existence of terms and conditions playing between both the sides. As such O.P. cannot have authority to forfeit Rs. 1,01,000/-. This is against the natural justice.

8          It is admitted fact by O.P. that complainant had paid Rs. 5,36,000/- although the complainant had filed only five money receipts Anx-2 series for Rs. 3,76,000/-. Anx-3 series are the copies of the bank account passbook of the complainant showing payments through cheques.

                        Therefore, as O.P. M/s Mansarovar Nirman Pvt. Ltd. is liable to return the booking money, paid by the complainant. This is deficiency in service for intended service promised to give.

9          Accordingly, we allow the part claim on the basis of evidence and on admission by O.P.

                        We direct O.P. M/s Mansarovar Nirman Pvt. Ltd. to pay Rs. 5,36,000/- (Rs. Five lac thirty six thousand) only with 6% interest per annum from the date of this  order till realization.

                        We further direct O.P. to pay compensation of Rs. 3000/- (Rs. Three thousand) only with litigation cost of Rs. 2000/- (Rs. Two thousand) only to the complainant.

                        All the payments must be paid within 45 days of this order failing which the rate of interest on the main claim shall be enhanced to 10% P.A. till realization.