Present         (1)    Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                     President

                    (2)     Sri Sheo Shankar Prasad Singh,

                              Member

Date of Order : - 01.06.2015

                    Sheo Shankar Prasad Singh

1. In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To refund amount of Rs. 4,11, 000/- ( Four Lac Eleven Thousand only ) with compound interest @ 21%.
2. To pay Rs. 2,00,000/- ( Two Lac only ) as Compensation for mental and physical torture.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. The complainant is a Senior Advocate and doing legal business at Civil Court, Patna as well as Patna High Court, Patna since the last 38 years.
2. The complainant has not got his own house in Patna so he contacted one of the builder namely Vaishnavi Architect & Engineers Pvt. Ltd., office situated at Parizat Bhawan, Dak Banglow Crossing, Patna. In the year 2004, the Managing Director and partner of the builders was Late Anil Sharma who was the partner and his wife Smt. Usha Sharma was Managing Director of the firm.
3. The Vaishnavi Architect & Engineers Pvt. Ltd. through Usha Sharma, Managing Director allotted a flat no. 402 on 4^th Floor at Punaichak, Patna in “ Bimla Apartment ” after taking a token money of Rs. 11,000.00 ( Eleven Thousand Only ) and allotment agreement was created in favour of the complainant in the year Jan, 2004 ( 08.01.2004 ).
4. The cost of the flat was fixed of Rs. 6,50,000.00 ( Six Lac and Fifty Thousand only ) with all modern facility like water, mosaic, flooring etc. The documents was executed as per schedule and created an agreement for sale, the complainant applied a housing loan to the Canara Bank, Budh Marg Branch, Patna to grant housing loan of Rs. 5,00,000.00 ( Five Lac ). The Bank created all security documents and sanctioned loan of Rs. 5,00,000.00 ( Five lac ) to the complainant. The most important documents was created in the year 2004, a tripartite agreement also created with the builder and he has agreed to complete the flat after taking money within six months and hand over to the complainant for residential purpose, and tripartite agreement also created with the land lord received the Cheque of Rs. 4,00,000.00 ( Four Lac only ) in the year 2004 ( 28.12.2004 ), the builder given written assurance to the Bank as well as complainant that he has completed the flat within Six months after receiving the money and hand over to the complainant with possession.
5. Therefore the complainant several years visited to the office of the builder’s for construction and completion of the said flat and demanded equipped flat for resident purpose but builders always ignored the request of the complainant and not handed over the flat. In the mean time the complainant started instalment EMI per month received by the Bank.
6. The complainant per month pays of Rs. 4100.00 ( Four thousand One Hundred only ) as well as Rs. 3100.00 ( Three thousand One Hundred only ) as per his capacity. The instalment paid by the complainant began in the year 2006 to up to date. The total amount paid by the complainant is Rs. 3 Lacs approximately.
7. Suddenly the husband of Mrs. Usha Sharma namely Anil Sharma, the partner and the Managing director of the Vaishnavi Architect & Engineers Pvt. Ltd. has expired and Mrs. Usha Sharma fled away from Patna. The office has been closed and also not existed in Dak Banglow Road crossing, Patna and the complainant suffered great loss and injury.
8. After death of Mr. Anil Sharma,the Managing Director Mrs. Usha Sharma not traced out in Patna and she had not given any flat to the complainant in spite of passing several years. After search the complainant found that the P.R.D.A. Map of Bimla Apartment on which flat no. 402 was allotted to the complainant, the map of the Bimla Apartment has not been passed by the appropriate authority i.e. PRDA up to 5^th floor, the map passed only 2^nd floor.
9. At the time of giving finance the complainant has executed at tripartite agreement between the parties i.e. complainant, Bank and Vaishnavi Architect & Engineers Pvt. Ltd. through managing Director Usha Sharma and land owner also given the assurance that flat will be handed over within three months after receipt of the money of Rs. 4,00,000.00 ( Four Lac only ) from the complainant/Bank. The bank only disbursed loan of Rs. Four Lac to the builders and handed over the Cheque.
10. According to the agreement the builders has created several documents and given assurance to the bank that he would hand over the flat within three months but he is neither giving flat, nor returning the money and she is not found in Patna.
11. The complainant pay regularly instalment to up to date and he is innocent person not get flat by the builders and he suffered great loss and injury.
12. The complainant approached several times to the opposite party for return back of the money of Rs. 4,11,000.00 ( Four lacks Eleven thousand only ) but respondents not paid the money or nor returned the entire amount to the complainant.
13. The complainant gave legal notice to the opposite party but with no effect.
14. The complainant also filed a criminal case on which the                    non – bailable warrant are also issued against the opposite party and all opposite party absconded from Patna.

We perused the documents available on the record and have heard the complainant only as opposite parties neither appeared nor filed any written statement to controvert the allegation made against them by the complainant.

As the complainant has submitted the fact on oath and opposite parties despite notices being served had failed to controvert the allegations and in these circumstances we are left with no alternative then to accept the submission of the complainant made in the complaint petition.

Accordingly, we direct the Opposite Party no. ( Ka ) and ( Kha ) jointly and severally to refund the amount of Rs. 4,11,000/-( Four Lac Eleven Thousand only ) which have been paid by the complainant with interest @ 9% ( nine ) per annum from 03.09.2008, date on which complaint case has been filed, within a period of two months from the date of receipt of this order failing which the interest rate will be 12% ( twelve ) per annum till its final payment.

Aforesaid opposite parties are further directed to pay Rs. 50,000.00/- ( Fifty Thousand only ) as compensation to the complainant within the aforesaid period of two months.

Accordingly, this case stand allowed to the extent indicated above.

                                        Member                                                        President