Order No.  10  dt.  16/11/2018

            The case of the complainants in brief is that the complainants entered into an agreement with o.ps. for purchasing a flat at a total consideration of Rs.5 lakhs and as per the agreement the complainants initially paid Rs.2 lakhs and subsequently paid Rs.90,000/-, Rs.25,000/- and Rs.35,000/-. The complainants out of the total consideration price paid Rs.4,35,000/- to o.ps. but o.p. no.2 being the developer did not construct the said building, for which the complainants filed this case praying for direction upon the o.ps. for refund of the amount of Rs.4,35,000/- as well as compensation and litigation cost.

                In spite of issuance of notice through daily newspaper the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.                          

                The complainants in order to substantiate their claim filed an affidavit on evidence whereby they stated that they entered into an agreement with o.ps. for purchasing a flat for a total consideration of Rs.5 lakhs and as per the agreement the complainants initially paid Rs.2 lakhs and subsequently paid Rs.90,000/-, Rs.25,000/- and Rs.35,000/-. The complainants out of the total consideration price paid Rs.4,35,000/- to o.ps. but o.p. no.2 being the developer did not construct the said building, for which the complainants filed this case.

                On perusal of the documents filed by the complainant it appears that the property in question is a thika property and the thika tenant who claimed himself as land owner has no right to construct the building. The o.p. no.2, developer, did not get any permission from the thika controller or from any other competent authority for construction of the building. On perusal of the record we find that the complainants though claimed that they paid Rs.4,35,000/-, but in order to substantiate the same the complainants could not file any document showing that actually the said amount was paid by the complainant. On perusal of the record we find that the complainants in the petition of complaint filed some documents showing the money receipt wherefrom it appears that the complainants in total paid an amount of Rs.1,85,000/-. The complainants could not establish their claim that they paid an amount of Rs.4,35,000/-. In view of the said fact we hold that there is deficiency in service on the part of o.p. no.2 and the complainants will be entitled to get the amount paid by them to the tune of Rs.1,85,000/-. Thus the case is disposed of accordingly.

                Hence, ordered,

                That the CC No.124/2018 is dismissed ex parte without cost against the o.p. no.1 and allowed on contest with cost against the o.p. no.2. The o.p. no.2 is directed to refund the amount of Rs.1,85,000/- (Rupees one lakh eighty five thousand) only to the complainants along with compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.