DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 127/ 2016
Balaram Mohanty, aged 62 years,
S/o- Braja Sundar Mohanty, VIM- 60, Chandrasekharpur,
Sailashree Vihar, Bhubaneswar, Dist – Khurda, Odisha
…. Complainant
-Vrs.-
Milan Developers & Builders Pvt. Ltd.,
3rd Floor, B-2, Lewis Plaza Apartment, Lewis Road,
Bhubaneswar – 751014, through its Managing Director.
…. Opp. Party
For the complainant : Mr. K.C.Prusty (Advocate)
For the OP : Exparte
DATE OF FILING : 05/04/2016
DATE OF ORDER : 29/04/2023
ORDER
S.TRIPATHY, MEMBER
1. This Consumer Complaint is filed by the complainant U/s 12 of the C.P.Act, 1986 alleging deficiency in service and unfair trade practice against the OP (Milan Developers & Builders Pvt. Ltd.).
2. The brief contention of the complaint is that, he intended to purchase a residential apartment from the OP. The total cost of the said apartment was Rs.25,15,000/- and he deposited an amount of Rs.5,00,000/- towards booking amount vide cheque No.000057 of BOI dated 23/11/2022. OP allotted a 2-BHK apartment and also executed an agreement in favour of the complainant. After execution of the allotted agreement, the complainant further deposited an amount of Rs.14,23,125/- towards installment of the allotted apartment vide cheque No.000058 of BOI dated 31/12/2012 in favour of the OP. But the OP failed to start the project due to non- approval of BDA and agreed to refund the deposited amount with interest to the complainant by returning Rs.2,00,000/- in every month till final payment is made. Thereafter, the OP refunded Rs.2,50,000/- on 30/07/2015 and Rs.2,00,000/- on 12/10/2015 but the balance amount of Rs.14,73,125/- with interest was not refunded to the complainant. Being aggrieved by the unfair action of the OP, the complainant approached to this Commission for the redressal of his grievance. Hence this complaint.
3. Upon notice, the OP did not appear before this Commission and subsequently he was set exparte. Thereafter, the complainant filed evidence on affidavit and exparte hearing was taken up.
4 On due perusal of the case record along with the documentary evidence filed by the complainant , it is established that, the complainant has deposited Rs.5,00,000/- towards booking of the apartment, as promised to be sold by the OP and Rs.14,23,125/- towards the first installment of the allotted apartment. But, the OP could not obtain BDA approval for the construction of the said building and ultimately advised to the complainant to go for the cancellation of the allotted apartment. The OP also agreed to refund all the consideration amount of Rs.19,23,125/- to the complainant (Annexure-6). It is further observed from the materials available on record that, the OP has refunded an amount of Rs.4,50,000/- to the complainant on two different occasions. Still an outstanding of Rs.14,73,125/- is pending upon the OP. In this backdrop, this Commission is of the considered view that, there is deficiency of service on the part of the OP. Hence it is ordered.
ORDER
The complaint is hereby allowed exparte against the OP. The OP is hereby directed to refund the balance amount of Rs.14,73,125/- (Rupees fourteen lakh seventy-three thousand one hundred twenty-five) only to the complainant along with interest @ 9% per annum from the date of respective deposit till the date of actual payment. The OP is further directed to pay an amount of Rs.10,000/- (Rupees ten thousand) only, as compensation towards mental agony suffered by the complainant and a sum of Rs.3000/- (Rupees three thousand) only towards litigation expenses to the complainant. The order be complied with by the OP within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP in accordance with law.
The order is pronounced on this day the 29th April, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno
