The case of the Complainant in a nut-shell is that he paid a sum of Rs.2,00,000/-only (Rupees Two lakh only) on 27.10.2016 by cheque to the OP as booking money out of total consideration money of Rs.10,29,830/-only for purchasing a flat and a covered car parking space to be constructed by OPs.
But unfortunately no such flat or car parking space was delivered even constructed. Several request from the side of the complainant for refund of the booking money did not yield any fruitful result. Hence, this case.
The Complainant has prayed for:-
- From the OP refund of Rs.2, 00,000/-only as booking money along with interest @12%p.a. from 27.10.2016 till realisation.
- From the OP compensation of Rs.5, 00,000/-only.
- From the OP litigation cost of Rs.50, 000/-only.
- Any other order/orders as per law equity and natural justice.
The Complainant in order to prove his case has filed affidavit in chief and following documents:-
- Confirmation Letter dated 20.12.2016
- Photocopy of cheque
- Money Receipts
- Invitation Letter
- Reminder for Next Payment, dated 03.04.2017
- Prayer for Withdrawal of Booking, dated 03.06.2019
- Declaration, dated 02.09.2019
- E-mails, dated 06.11.2019, 04.07.2020 & 07.07.2020
- Declaration dated 08.10.2021
- Payment Schedule for Refund, dated 12.05.2022
- Further Reminder, dated 16.08.2022 & 20.01.2022
Above noted documents, no doubt will lend a complete support for establishing the Complainant’s case.
DECISION WITH REASONS
The case of the Complainant is a sum of Rs.2,00,000/-only (Rupees Two Lakh only) was given as booking money but from the documents filed from the side of the Complainant it appears that three cheques of Rs.2,00,000/-, Rs.1,00,000/- and Rs.50,000/-totalling to Rs.3,50,000/- were issued. It is not understood as to why such cheques of excess amount of Rs.1, 50,000/- were issued. However, from the confirmation letter dated 29.12.2016 it can safely be said that the OPs received the sum of Rs.2, 00,000/- and the case of the Complainant to that extent is proved. From the letter dated 03.04.2017 it appears that OP reminded the Complainant to pay the ‘next payment’. From letter dated 03.06.2019 it appears that the Complainant expressed his inability to pay such amount and has requested the OP to refund the booking money. From “Declaration” dated 02.09.2019 it appears that the Complainant cancelled the booking due to his personal reason and agreed to receive a sum of Rs.1,92,771/- instead of Rs.2,00,000/- and will not raise any further claim regarding transaction of booking money.
So it cannot be said that there was any deficiency in service or negligence on the part of the OP. But in spite of repeated request the OP has not paid back the said amount of Rs.1, 92,771/- as offered by them. This is negligence and deficiency in service.
In such circumstances the Complainant is entitled to get back of Rs.1, 92,771/- with interest.
Considering all the above we are of the view that justice would be subserved if the OPs be directed to refund the sum of Rs.1,92,771/- with interest @8%p.a. to the Complainant from the date of actual payment of booking money till realisation and to pay litigation cost of Rs.5,000/- within one month from this date.
As a result the case succeeds in part. Hence, it is,
Ordered
that the case being no.CC/577/2022 be and the same is decreed in part ex parte with cost of Rs. 5,000/- against the OPs.
The OPs are directed to refund the sum of Rs.1,92,771/- with interest @8% p.a. from the date of actual payment of booking money till realisation within one month from this date failing which the Complainant shall be at liberty to put the decree into execution through this Commission.
The OPs are liable jointly and severally.
Let plain copies be given to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Gurudas Guin]
PRESIDING MEMBER
