Dated : 29 July, 2022

MR. AYAN  SINHA,                                                 MEMBER

Final Order / Judgement

This is a complaint u/s 35 of C.P. Act, 2019 made by the complainants alleging unfair trade practice on the part of  OPs and accordingly prays for a direction upon the   OPs to refund the amount  of Rs.3,76,215/-, to pay Rs.75,242/- as interest on the refund amount, to pay Rs.3,00,000/-  for mental harassment and Rs.50,000/- towards cost of litigation.

FACTS IN BRIEF

            The complainants were  in search  for  a suitable residential  accommodation in Kolkata and so allured by the advertisement of OP NO. 1 in several  newspapers approached OP No. 1 to purchase a flat for a total consideration of Rs.15,42,554/-. The complainants filed an application being No. PTP1912/2016 and paid Rs.20,000/- to OP No. 1 on 27^th September, 2016 for booking of the said  flat. Thereafter, complainants enhanced the residential place from 601 sqr ft. to 674 sqr ft. by way of an application and paid Rs.3,73,000/- to OPs on different dates after the  initial payment of Rs.20,000/- to which an agreement for sale was executed on 14^th September, 2017. Due to some difficulties, complainants cancelled the said agreement  on 16^th February, 2019 and requested  the OPs to refund the money. They  gave a declaration for the said cancellation as told  by the OPs to which OPs made a schedule for refund of the advance money   which are to be paid by February, 2020 with a deduction of Rs.16,785/-.

            As stated in the complaint petition that the OPs did not comply with the request for cancellation  and refunded the amount as agreed and being dissatisfied sent a legal notice on 21.10. 2019 demanding refund of Rs.3,76,215/- to which the OPs replied to their letter dated 07.11.2019 that they would  make the payment within a short  period. Thereafter, several  legal notices were sent to the OPs but  they  did not refund the same and remained silent and thus the complainants filed this case alleging unfair trade practice  on the part of the OPs.

            Notices were served upon the  OPs but they did not contest this instant case by filing written version and accordingly the case proceeded ex parte against the OPs  vide order dated 07.07.2022.

            Complainants also filed evidence on affidavit where they have  reiterated the facts as mentioned in their complaint petition.

POINTS FOR DETERMINATION

1. Whether the complainant is a  consumer under the purview  of C.P. Act, 2019?
2. Whether there was any unfair trade practice  on the part of the OPs as alleged by the complainant?
3. Whether the complainants are entitled to the relief(s) as prayed for?

                                  DECISION WITH REASONS

All points are taken up together for discussion for the sake of convenience and in order to avoid repetition.

In order to substantiate their claim, complainants have filed copy of agreement for sale entered into between the complainants and the OPs on 14.09.2012. On perusal of the complaint petition and the copies of annexures, it is noticed that a sum of Rs.3,93,000/-out of the total consideration price of Rs.15,42,554 were paid to the OPs by the complainants on different dates as mentioned below and OPs are found to have received the said amount.

And the said amount was paid by the complainants to buy the flat in question but that idea had to be shelved for personal constraints and then made a request for refund of the advance made by them which was not done by the OPs.

So, there is no doubt that the complainants are consumers in the instant case.

On careful scrutiny of the copies of annexures we found that the complainants have already applied for cancellation of their flat agreement on 16.02.2019 along with a declaration and the same was duly received by the OPs as admitted by them and issued a letter dated 09.07.2019 wherein they have agreed to refundRs.3,76,215/- after deductions by giving scheduled dates starting from July, 2019 and the payment are to be completed by February, 2020. We also found one letter Reference No. OC/19/001174dated 07.11.2019 issued by the OPs stating that due to their financial crisis, the payment would be paid in part.Therefore, it is an admitted fact that the OPs agreed to refund the sum paid by the complainants after certain deductions but thereafter, they did not pay the said amount, even after having assured the complainants.

Moreover, the allegations remain unchallenged and unrebutted.

In our view,there was certainly an unfair trade practice on the part of the OPs as the OPs firstly, assured to refund after deducting an amount of Rs.16,785/- from the amount paid by the complainants i.e. Rs.3,93,000/- to which the complainants agreed also but later on the OPs did not pay the sum showing several reasons.

So, the complainants are entitled to the reliefs.

In the end, the complainants have succeeded in proving their case.

Hence, it is

                                                                       ORDERED

That the instant case be and the same is allowed ex parte against the OPs.

OPs are directed to pay Rs.3,76,215/- (three lakh seventy six thousand two hundred and fifteen only) to the complainants along with an interestof 7% p.a. from the date of last payment i.e. 30.06.2017, until realization in full.

OPs are also directed to pay Rs.3,000/- (three thousand only) to the complainantstowards cost of litigation.

   OPs to pay the awarded amount within 45 days from the date of this order.

   Liabilities of OPs are jointly and severally.

   If the awarded amountis not complied by the OPs within the aforesaid period, the complainantsare at liberty to proceed in accordance     with law.

Dictated and corrected by me.