Complainants in person
Opponents exparte
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 29th June 2013
This complaint is filed by consumers u/s 12 of the Consumer Protection Act, 1986 for deficiency in service against the Opponents who had promised to allot plot and various facilities and amenities. Brief facts are as follows-
[1] Complainants are resident of Salukhe Vihar, Kondhawa, Pune 411 022. They were called in cinema hall at Inox Camp, Pune and they had been selected for the membership of the Opponents. They have paid Rs.1,90,000/- and became member of the Opponents who had promised to give plot admeasuring 2000 sq.ft. at Kolad, District Raigad. The Opponents neither allotted plot nor rendered services as regards facilities and amenities for vacation. Complainants have issued legal notice to the Opponents. The Opponents replied the notice in which admitted receipt of Rs.1,90,000/- but it has denied that there is deficiency in service and refused to comply with the notice. Hence complainants have filed present complaint against the Opponents. They have prayed for directing the Opponents to allot the plot. In the alternative they have demanded refund of Rs.1,90,000/- alongwith interest @ 18% p.a.
[2] Opponents though duly served remained absent. Hence complaint is proceeded exparte against them. Complainants have filed agreement between the parties, office copy of notice, reply of the notice, affidavit as well as written argument.
[3] It reveals from the record that the Opponents agreed to provide various facilities, amenities as well as plot of 2000 sq.ft at village Kolad District Raigad. In rely of the notice opponents have fairly admitted receipt of Rs.1,90,000/-. The allegations made against the Opponents as regards non compliance of the terms and conditions of the contract are not rebutted by the opponents either by filing written version or affidavit. Hence I held that the allegations made by the complainants remained unchallenged and the complainants have proved that opponents have caused deficiency in service. As there is no evidence before this Forum to show that the alleged property is belonging to the opponents and in its possession hence it is justifiable to allow the alternative prayer i.e. refund of money which was paid by the complainants. Hence I pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the opponents have caused deficiency in service.
3. Opponents are jointly and severally directed to pay Rs.1,90,000/- to the complainants alongwith interest @ 9% p.a. from the date of filing of complainti.e. 8/8/2012 till its realization.
4. Parties are directed to collect their sets which are provided to the members within one month otherwise they will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place- Pune
Date – 29/06/2013
[S. M. Kumbhar] [V. P. Utpat]
Member President
