Date of Filing : 14/07/2022

Date of Judgement : 22/08/2024

Smt Monihar Begum, Hon’ble President-In-Charge

BRIEF FACTS

Complainant had entered into an agreement for sale with the OP on 24.06.2017 in order to buy one self contained south west facing flat being Flat No.-1B, on the first floor measuring about 900 sq.ft. of super built up area at a consideration of Rs.20,00,000/- (Twenty Lacs) payable as per terms and conditions as made in the agreement as described in the schedule to the petition of complaint. Accordingly, complainant made payment of Rs.4,90,000/- to the OP out of total consideration amount.  After receipt of the said total amount of Rs.4,90,000/- from the complainant, the OP never demanded further payment in terms of the schedule of payments mentioned in the said agreement for sale dated 24.06.2017.  According to said agreement for sale, it has been clearly stipulated that the possession of the said flat shall be delivered to the complainant by 15 months from the date of execution of the said agreement for sale i.e. within the month of September 2018. Complainant found no progress of the construction work of the proposed building and there remain no chance to commence of construction work of the building in near future. The complainant upon careful thinking had decided to take refund of the said amount of Rs.4,90,000/- from the OP and thereby approached the OP on many occasions to get refund of the said amount.  Lastly, with the help of the local club member of the said locality, complainant was able to get refund of the sum of Rs.2,50,000/- on 06.07.2019 (received Rs.2,00,000/- only in cash and Rs.50,000/- only by cheque).  Complainant sent one legal notice to the OP through their Ld. Advocate on 20.12.2019. The complainant who filed the instant complaint through her constituted attorney, prayed for relief(s) in the form of a direction upon the OP to refund the balance amount and also to pay compensation and litigation cost. 

OP filed one written version where she denied all the allegations and she claimed that the cheque issued by the complainant was deposited before the bank but the said cheque was dishonoured.  However, admitted that subsequently complainant paid the said amount to her.  She also stated that the documents i.e. agreement for sale is not made properly in legal way. 

Now the point of determination is whether the complainant is entitled to any get relief(s) in this case.

FINDINGS

In this case, on the prayer of the complainant, the petition of complaint filed by her and evidence on her behalf and also filed several documents in support of her claim.

We have gone through all the materials on record.

It is found that OP in her written version did not deny that the complainant had paid Rs.4,90,000/- towards consideration for the flat booked by her as per agreement. OP also fails to prove that the agreement for sale was not legal as claimed at her written version. It is the case of the complainant that out of the said amount of Rs.4,90,000/-, she has got refund of Rs.2,50,000/-. So complainant is entitled to get the balance of Rs.2,40,000/- along with @9% interest p.a. from the date of last payment dated 21.07.2017 from the OP.  This apart we think an amount of Rs.25,000/- should be given to the complainant for compensation for harassment and litigation cost to the complainant would be justified.

Accordingly it is

                                 ORDERED

that the instant complaint stand allowed on contest against the OP.

OP is directed to make refund of Rs.2,40,000/- along with interest @9% p.a. from the date of last payment dated 21.07.2017.

OP is also directed to pay Rs.25,000/- for compensation and litigation cost.

The aforesaid order shall be complied by the OP within 45 days from the date of this order.

In default of payment, entire sum shall carry further interest @10% p.a. till realization and complainant shall be at liberty to proceed in accordance with law.

Directed and corrected by me

          Member