Order-12.

Date-06/12/2016.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant’s case, in short, is that he wanted to purchase an apartment at Vibgyor Niketan, Baruipur under Mouza- Baruipur and accordingly paid an amount of Rs.2,67,384/- to the O.Ps. The amount includes 20 percent of consideration amount, Service Tax  at the rate of 3.09 percent and Rs.35,000/- for four wheeler booking by NEFT Bank Transfer. The booking amount was Rs.51,000/- which was paid on 26/11/2012 and the payment of Rs.2,16,384/- was made on 27/02/2013. The total consideration was Rs.11,27,100/- and for four wheeler parking Rs.1,75,000/-. On 15/10/2014 complainant visited the construction site and observed that no construction of the building was carried out. The complainant visited the salt Lake Office of Vibgyor where the Project Manager assured about the starting of the project and issued a letter of assurance. Again on 03/06/2016 complainant after visiting the spot saw that nothing has been started by the O.P.  and came to know that the company is closed for indefinite period. The O.Ps. did not care to refund the money along with interest. They did not do anything positive. Complainants alleged deficiency of service and unfair trade practice against the O.P. Hence this case. Complainant prays for refund of the advance booking and compensation.

O.Ps. have neither appeared in this case nor filed any written version, did not contest the case. The case has proceeded exparte against the O.Ps.

Decision with Reasons

On careful examination of complaint petition, agreement for sale, letter dated 18/12/2013 addressed to complainant for further payment, letter of assurance to complainant dated 15/10/2014, NEFT documents and money receipts of 26/11/2012 and 27/02/2013 it is revealed that complainant booked the subject flat for Rs.51,000/- only via NEFT. It appears that the O.Ps. instead of contesting the case or controverting the version of complainant as advanced in their E/Chief, remained silent. As a result the evidence of complainant remains unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents on record we think that complainant has been able to establish their case. We are inclined to hold that O.Ps. have exhibited a gesture of unfair trade practice as well as deficiency in service. Complainant is entitled to get relief as prayed for.

In result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed exparte against the O.ps.

O.Ps. are directed to pay back the entire advance amount of Rs.2,67,384/- along with interest with effect from 27/02/2013 till compliance  at the rate of 10 percent p.a. within one month from the date of this order to complainant apart from litigation cost of Rs.10,000/-.

The O.Ps. are also directed to pay compensation of Rs.50,000/- for causing mental agony, harassment, unfair trade practice to complainant within the said stipulated period.

Failure to comply with the order will entitle the complainant to take recourse to execution proceedings under Section 25 read with Section 27 of C. P. Act, 1986 and in that event O.Ps. will be liable to pay penal damage  at the rate of Rs.5000/- per month to be paid to this Forum till full satisfaction of the decree.