Shri Ashoke Kumar Pal, Hon’ble President:-
The crux of the instant complaint case in a nutshell is that the complainant with intent to buy a flat from the OP, executed an agreement for sale dated 26.11.2018 for purchasing a flat measuring about 500 sq.ft. in the 1st floor more fully described in the schedule of the petition of complaint and the agreement for sale dated 26.11.2018 at a valuable consideration of Rs.15,00,000/- (Rupees Fifteen Lakhs) out of which Rs.8,00,000/- (Rupees Eight Lakhs) was paid by the complainant as earnest money on different dates and OP acknowledged the receipt of the same. It was agreed upon that the delivery of possession of the flat will be made within 12 months from the date of execution of the agreement for sale (26.11.2018). On failure to comply with the terms and conditions of the agreement for sale dated 26.11.2018 the OP offered refund of Rs.8,00,000/- (Rupees Eight Lakhs) and the complainant consented to the same. The OP handed over three cheques amounting to Rs.1,00,000/- (Rupees One Lakh) each totaling to an amount of Rs.3,00,000/- (Rupees Three Lakhs) to the complainant and all of them were dishonoured and thereafter no refund of payment has been made by the OP to the complainant and hence this case.
The OP despite receipt of the notice did not come forward to contest the case and as such the instant case was declared to be heard ex-parte by order No.5 Dated 06.10.2023 and the same was accordingly heard ex-parte.
Points for consideration :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1 :-
On perusal of the case record along with copies of documents, it appears that the complainant was willing to purchase a flat as described in the schedule of the petition of complaint and the agreement for sale dated 26.11.2018. The complainant paid Rs.8,00,000/- out of the total consideration amount of Rs.15 lakhs on different dates and the OP acknowledged the receipt of the same by issuing money receipt. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OP.
Points No.2 & 3 :-
Both the Points No. 2 & 3 are taken up together for the sake of convenience and as they are interlinked.
The complainant booked the scheduled flat more fully described in the schedule of the petition of complaint and the agreement for sale dated 26.11.2018 from the OP and made payment of Rs.8,00,000/- out of the total consideration amount of Rs.15,00,000/-. It was agreed upon that the delivery of possession of the said flat will be made within 12 months from the date of execution of the agreement for sale (26.11.2018). But the OP failed to comply with the terms and conditions of the agreement for sale dated 26.11.2018 and could not deliver possession of the scheduled flat to the complainant. Ultimately the OP offered refund of Rs.8,00,000/- to which the complainant consented. The OP handed over three cheques to the complainant of Rs.1,00,000/- each totaling to an amount of Rs.3,00,000/- but all of them were dishonoured and thereafter no refund of payment has been made by the OP to the complainant. The complainant failed to get service from the OP. On the other hand, the complainant was harassed by the OP by various ways. Therefore, it is clear from the averments of the complainant that the OP is guilty of deficiency in service and unfair trade practice and the complainant is entitled to get the reliefs as prayed for.
Thus the Point Nos. 2 & 3 are also decided in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is
ORDERED
That the instant complaint case be and the same is hereby allowed against the OP with cost of Rs.20,000/- (Rupees Twenty Thousand) only.
The OP is liable and is directed to refund Rs.8,00,000/- (Rupees Eight Lakhs) only along with simple interest @9% per annum w.e.f. the respective dates of payments of installments made by the complainant till the date of final realization thereof within 30 days from the date of passing this order.
The OP is also liable and is directed to pay compensation of Rs.2,00,000/- (Rupees Two Lakhs) only for mental pain, agony and harassment caused to the complainant, within 30 days from the date of passing this order i.d. it will carry Simple Interest @10% per annum w.e.f .the date of expiry of 30 days from this date till full and final realization of the same.
The OP is further liable and is directed to pay the litigation cost of Rs. 20,000/- (Rupees Twenty Thousand) only within 30 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
