The Complaint is filed by the Complainant u/s 35 (1) of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice adopted by the OPs as the OPs did neither hand over the possession of the flat and executed the deed of conveyance nor refund the amount of money paid to the OP till filing of this Complaint.

            The brief facts of the case of the Complaint is that with a view to purchase a flat to be constructed and develop by the OP on a plot of land measuring 20 kathas of land, the Complainant approached the OP and entered into an agreement for sale of the flat for a total price of Rs. 16,00,000/- out of which a sum of. Rs. 14,40,000/- was paid in installments by the Complainant to the Op. The Flat booked was to be constructed and developed on a land measuring 20 kathas including all easements and appurtenance thereto.

            The Complainant paid the money but the OP being reluctant to take any steps to give possession of the property as the work relating to construction was not started up to the date of the filing of this Complaint.

            As the work was not was started in time, the Complainant having some other problem wanted to withdraw from the project and prayed for refund of the amount.

            The prayer of the Complainant is now stand for refund of the amount of Rs. 14,40,000/- with statutory interest per annum with effect from April 16, 2015 till the realization of the amount in favour of the Complainant/Petitioner along with compensation of Rs. 5,50,000/-.

            After admission of Complaint notices were issued upon the OPs through Speed Post along with copy of the Complaint and other related documents. Dates were fixed for S/R and appearance and subsequently submission of Written Version. But the OPs did not bother to appear before this Commission to submit the written version and to contest this Case and the case was proceeded ex parte.  Next date was given to the Complainant for adducing evidence on 10.09.2020.

            In this respect we may mention the Judgment passed by the Hon’ble NCDRC in the case of M/s Singla Builders and Promoters Ltd. Vs. Aman Kumar Garg, reported in 2018(1) CPR, 314(NC) decided on 16.10.2017 wherein it has been held that non-filing of written version to complaint amounts to admission of the allegation lodged against them in Consumer Compliant.

            The above mentioned Ruling can be applicable in the matter in hand as in the instant complaint, inspite of receipt of notice, the OP did not contest the Complaint by filing written version. Therefore in view of the said Judgment the allegation made out in the petition of complaint can be admitted as no refusal is forthcoming against such an allegation.

            We have carefully perused the petition of complaint and document filed by the Complainant and the argument advanced by the Complainant. It is seen by us from the documents and the pleading that admittedly the Complainant had entered into an agreement for sale with the OP for purchasing the flat with a total consideration of Rs 16,00,000/- against which a sum of Rs. 14,40,000/- was paid. As the OP has failed to discharge his liabilities hence this complaint is initiated by the Complainant praying for certain reliefs.

            Documents show that the Complainant had discharged his liabilities by making payments to the OPs but OPs being reluctant has failed to abide by the terms and conditions till filing of this Complaint.

            From the pleading it is evident that the Complainant had paid a sum of Rs. 14,40,000/-  in installments. In this connection correspondence were made by the Complainant with the OP for getting back the amount paid in advance, but the Complainant is yet back to get the refund. Under the circumstances we are at one with that the OP shall take immediate steps for refund the entire amount of Rs. 14,40,000/- along with interest of 9% per annum from the date of the payment of the amount till the date of refund. Admittedly due to inaction on behalf of the OP the Complainant had been suffering unnecessary harassment for a long period. Such inaction of the OP can be termed as deficiency in service on behalf of the OP for which the OP is under obligation to pay compensation to the Complainant. It is further admitted fact that as the OP did not take any step for redressal of the grievance of the Complainant the Complainant had to approach before this Ld. Commission by filing this Complainant and for this proceeding the Complainant has incurred some expenses for which the Complainant is entitled to get litigation cost from the OP.

            Going on by the forthcoming discussion it is ordered that the Consumer complaint being no. 109/2019 is hereby allowed exparte with cost.

            The OP shall pay the entire amount of Rs. 14,40,000/- along with interest @ 9% per annum for the period from the date of payment till the realization of the entire refund within 45 days from the date of passing of this Judgment failing which the interest component will be 12 % per annum for the default period.

            The OP is further directed to pay compensation of Rs.1,00,000/-and cost of litigation of Rs.10,000/- to the Complainant within a period of 45 days from the date of passing of this Judgment. The Complainant will be at liberty to put the entire Order in Execution.

            Let plain copy of this Order/Judgment be given to the parties free of cost.

Dictated & Corrected by

Hon’ble Shri Abinash Chandra Sarkar

Member