Sri Ashoke Kumar Pal, President

The matrix of the instant complainant case in short is that with the intention to purchase a bungalow the complainant booked a two-storeyed bungalow with car parking space more fully described in the schedule of the petition of complainant at a valuable consideration of Rs.17,92,250/-.  The complainant paid Rs.2,50,000/- on 22.09.2016 and 07.10.2016. On 19.09.2016 the complainant also paid Rs.300/- as application fee.  The OP acknowledged the receipt of the same by issuing money receipts in favour of the complainant.  It was agreed that the delivery of possession of the complete bungalow will be made within a period of two years from the date of booking.

The complainant while visiting the site of the project, it was discovered that there were only 2-3 structures in dilapidated condition and the remaining land was vacant for several years.  Thereafter the complainant requested the OP to hand over the possession of bungalow along with car parking space and to execute and register a proper deed of conveyance in favour of the complainant along with completion certificate.  But the OP was delaying the matter on different pretext.  In the month of December, 2020 the complainant being frustrated sent a letter to the OP requesting the refund of Rs.2,50,000/- along with 18% interest. The OP despite receipt of the notice failed to comply with the same. 

Ultimately a legal notice was issued through Ld. Advocate for the complainant requesting the OP to refund of Rs.2,50,000/- along with 18% interest.  The OP despite receipt of the legal notice dated 22.02.2021 failed to comply with the requirement of the same and hence this case on the reliefs sought for in the petition of complaint.

The OP did not come forward to contest the case by filing W/V and as such by Order No.10 dated 01.11.2022 the instant case was declared to be proceeded ex-parte as against the OP.

                                  Points for consideration :-

1. Is the complainant, a consumer?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get reliefs as prayed for?

Decision with reasons :-

Point No.1:- 

On perusal of the case record along with copies of documents, it appears that the complainant was willing to purchase the scheduled bungalow more fully described in the schedule of the petition of complaint and the OP agreed to sell the same to the complainant.  The complainant paid Rs.2,50,000/- (Rupees two lakhs fifty thousand) towards earnest money out of the total consideration amount of Rs.17,92,250/- (Rupees seventeen lakhs ninety two thousand two hundred and fifty) and the OP acknowledged the receipt of the same by issuing money receipts.  Therefore, the complainant is a consumer as defined U/S  2(7) of the Consumer Protection Act, 2019. 

As such, the 1^st point is decided in favour of the complainant and against the OP.

Point No:2 : 

The complainant booked the scheduled bungalow and paid the earnest money of Rs.2,50,000/- (Rupees two lakhs fifty thousand) to that effect out of the total consideration amount of Rs.17,92,250/- (Rupees seventeen lakhs ninety two thousand two hundred and fifty)  and the OP acknowledged the receipt of the same by issuing money receipt from which it appears that the payments have been properly made.  On the other hand, despite payment of the earnest money by the complainant the OP failed and neglected to deliver the possession of the scheduled bungalow to the complainant and to execute and register a proper deed of conveyance in favour of the complainant receiving the balance consideration amount.  The complainant finding no other alternative demanded the refund of Rs.2,50,000/- (Rupees two lakhs fifty thousand) from the OP which they have received from him.  Therefore, it is clear from the averments of the complainant that the OP is guilty of deficiency in service and unfair trade practice.

As such, the 2^nd point is also decided in favour of the complainant and against the OP.

Point No.03 :-

The complainant booked the scheduled bungalow more fully described in the schedule of the petition of complaint from the OP and made full payment of the consideration amount. But the OP violated the terms and conditions and neither handed over the possession of the scheduled bungalow as described in the schedule of the petition of complaint nor they returned the amount of Rs.2,50,000/- (Rupees two lakhs and fifty thousand) with interest which they received from the complainant as earnest money.  Therefore, as the complainant did not get any positive response from the OP he was compelled to file the instant complaint case against the OP on the reliefs sought for in the petition of complaint.  As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the OP did not hand over physical possession of the scheduled bungalow to the complainant.  The complainant failed to get service from the OP.  On the other hand, the complainant was harassed by the OP by various ways.  Therefore, the complainant is entitled to get the relief as prayed for.

Thus the 3^rd point is also decided in favour of the complainant and against the  OP.

In the result, the complaint case succeeds.

Fees paid is correct.

Hence, it is,

                                                                                      ORDERED

That the instant case be and the same is hereby allowed ex-parte against the OP with cost of Rs.25,000/- (Rupees twenty five  thousand) only.

The OP is liable and is directed to hand over peaceful khas possession of the scheduled bungalow along with car parking space mentioned in the schedule of the petition of complaint along with completion certificate and to execute and register a proper deed of conveyance in respect of the scheduled bungalow in favour of the complainant within 60 days from the date of passing this order receiving the balance consideration amount from the complainant.

Alternatively, the OP is liable and is directed to refund the amount of Rs.2,50,000/- (Rupees two lakhs and fifty thousand) along with simple interest @ 12% p.a. w.e.f. 22.09.2016 (date of first payment of instalment) till the date of final realization, within 60 days from the date of passing this order.

That the OP is  liable and is also directed to pay a compensation of Rs.1,00,000/- (Rupees one lakh) for harassment, mental pain and agony suffered by the complainant and deficiency in service within 60 days from the date of passing this order.  

The OP is liable and is directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five thousand) only within 60 days from the date of passing this order. 

That the complainant is at liberty to put the order into execution after the expiry of 60 days in case the orders are not complied with by the OP within 60 days from the date of passing this order.

Let a copy of the order be supplied free of cost to the parties concerned. 

That the final order will be available in the following website www.confonet.nic.in.

Dictated and corrected by me.  

   Ashoke Kumar Pal                   

           President