Order-7.

Date-14/07/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant deposited Rs.2,38,680/- against two cheques one on 13-02-2013 of Rs.51,000/- and the other on 29-03-2013 of Rs.1,87,680/- in favour of Vibgyor Housing Ltd. located at P-25, C.I.T. Road, Kolkata – 700 014 as booking money for Flat No.A3/4/A, on 4^th Floor at Baruipur, Madarat Project name being Vibgyor Niketan but finding no progress of the said project even after 16 months and failing to get any positive response and reply to related queries made by the complainant and complainant decided not to proceed with further in this regard and approached them on 25-06-2014, 22-07-2014 and 20-08-2014 for immediate refund of booking money only to the complainant but OP kept silent always and even after repeated haunting and pursuance on the part of the complainant OP issued a letter of assurance of releasing the payment of booking in favour of the complainant by three instalments by the 4^th week of October, November and December, 2014 and ultimately the company, the OP issued a cheque amounting to Rs.69,219/- in favour of the complainant for encashment but on receiving the cheque dated 24-11-2014 on 11-11-2014 complainant dropped the same and waiting for 20 more days as per request of the company personnel, Mr. Abhijit Das, but that cheque got bounced and returned to the complainant showing the reason stop payment instruction by the drawer and for fund insufficient.  Thereafter, complainant lodged a complaint at police station for taking legal action after necessary investigation in the matter and for taking steps for refund of the booking money but that produced no result.  Lastly complainant sent a notice to the Director, Vibgyor Housing Ltd., the OP to arrange for immediate refund of the booking money and informed them if they are found reluctant to refund the same in that case complainant shall no alternative but to complaint before this Forum.

          Considering the deficient and negligent manner of service and at the same time deceitful manner of service on their part complainant filed this complaint for redresal.

          Fact remains notice was duly served upon the OP by registered post with A/D and Director of OP received it on 29-05-2013 as per postal internet result against the speed post item being No.EW765841953IN dated 28-05-2015.  So, it is clear that notice of the complaint was duly received and it was received by the Director of the OP but no one appear before this Forum to contest the case or no step was taken and ultimately the case is fixed for ex parte hearing and accordingly argument was heard and now, we shall have to consider the material on record to come to a conclusion and for decision of this consumer dispute.

Decision with Reasons

On an indepth study of the complaint including the evident in chief as filed by the complainant and further the materials documents, money receipt it is clear that complainant paid a total amount of Rs.2,38,680/- to the OP against a 2BHK flat having super-built area of 663 sq. ft. and it was booked on 13-02-2013.  Thereafter, prior to 25-06-2014 complainant visited the spot to see the position of the construction and found that entire project did not at all begin and even there was no sign of progress.  So, complainant reported the matter to the OP by registered post with A/D and also expressed his desire not to continue the process and prayed to OP for refund of the said amount by letters dated 25-06-2014, 22-07-2014 and 20-08-2014.  Subsequently, by letter dated 03-09-2014 OP informed the complainant that they will release the entire payment by three instalments by 4^th week of October, November and December, 2014.  Thereafter, OP issued a cheque dated 24-11-2014 amounting to Rs.69,219/- in favour of the complainant and same were received on 11-11-2014 as first instalment out of three instalments but that cheque was dishonoured on the ground it was stopped for payment by the drawer and there was insufficient fund, that was also reported by the complainant to the OP and it was also reported to the Commissioner of Police, Kolkata on 24-03-2013 but OP did not turn up or did not return the same.  Subsequently, on 24-03-2015 complainant sent a notice for refund of booking money but that was completely unattended.  From other documents it is found that cheque was bounced or returned as payment was stopped by the drawer and fund was insufficient.  Considering that fact it is clear that OP with an intention to harass the complainant ultimately issued cheques for payment of first instalment but that was found not honoured by the bank on the ground OP directed the Bank to stop payment and fact remains the fund was insufficient.  So, the very act of the OP is no doubt negligent and deficient in manner.  Fact remains OP realized the amount investing it to some other business and made profit but deceived the complainant to grab the same amount along with interest when the very purpose of deposit of the complainant is frustrated on the ground the whole project has not been started by the OP and this act on the part of the OP treated as deficient manner of service and at the same time it is an unfair trade practice on the part of the OP and fact remains OP has adopted unfair trade practice to deceive the complainant for which even after knowing the fact of insufficient fund against his account.  So, the very act of the OP is well proved that he has no intention to refund the sum and only intention to harass the complainant and no doubt complainant has been harassed by the OP in so many manner for refunding the same and not even after issuance of the cheque by them which was dishonoured which is within the knowledge of the OP.  In the light of the above findings we are convinced that complainant is entitled to get a decree when he has proved all the allegations and fact remains Vibgyor is a well-known cheat company who cheated the public at large and also their families by grabbing money deceived the public in general.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte with a cost of Rs.10,000/- and OP is directed to refund the entire amount of Rs.2,38,680/- along with 10 percent interest with effect from 29-03-2013 and till its full payment to the complainant.

          For adopting unfair trade practice and for deceiving the public at large in such a manner and to control their such sort of practices OP is imposed a penal damages of Rs.30,000/- which shall be paid to this Forum.

          OP shall have to comply the order within one month from the date of this order failing which for non-compliance of the Forum’s order further penalty shall be imposed by starting a proceeding u/s.27 and 25 of the C.P. Act.