CC: 1814/2019

Dated:31.12.2021

ORDERS

The complainant filed this complaint for refund of Rs.7,13,160/- paid in order to purchase the site/plot being formed by OP in “CREDENCE PHASE-I”. After filing of this complaint OP appeared and filed version. At the time of evidence of OP submitted before the forum that OP is ready to refund the amount of Rs.7,13,160/- provided if the forum orders to pay the same along with interest at 8% per annum from the date of receipt of the amount. For which complainant also agreed this on 22.01.2021.  It is also submitted and agreed by OP that they would pay the 1^st instalment of the said amount by 25.02.2021 and 2^nd instalment by 25.03.2021.  On 01.03.2021 OP paid by way of cheque for a sum of Rs.2,89,625/- drawn on IDBI Bank. Complainant submits that the same has been encashed afterwards remaining amount has not been paid.

In view of the OP admitting his liability and paid some portion of the amount, it becomes clear that, OP did not formed the layout and site and executed and register the sale deed. Hence there is deficiency in service and hence OP is liable to pay balance amount i.e. Rs.5,23,545/- along with interest at 8% per annum from each date of receipt of the amount from the complainant and also OP to pay Rs.5,000/- towards cost of the litigation expenses.

MEMBER                        PRESIDENT