Order-6.
Date-02/12/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants’ case, in short, is that the O.Ps. belong to Vibgyor Group. The complainantsdeposited a sum of Rs.5,65,000/- on different dates under different schemes from 30/04/2009 to 31/10/2012 with the O.Ps. The maturity value/redemption of the said certificates was of Rs.15,95,000/-. O.Ps. offered the complainants to purchase a flat against the said redemption value and O.ps. took back all the certificates. Money receipts and provisional allotment letters were issued to the complainant in respect of two flats being No.A-1/202 of 2 BHK and B-19/101 of 1 BHK at J.L. No.70, Mouza- Elachi, P.S.Sonarpur, Dist. South 24 Pgs. Kolkata-700149for an amount of Rs.7,10,500/- and Rs.4,06,000/- totaling of Rs.11,16,500/-. O.Ps. failed to enter into agreement for sale though the complainants requested on several occasions. On being enquired the complainants came to know that O.ps. did not start any construction work at the Project area. Complainants have also came to know that the office of the O.ps. are under lock & key. Complainants has alleged deficiency in service against the O.ps. Complainant also alleged that O.ps. have adopted unfair trade practice. Hence, this case.
O.Ps. have not appeared in this case. O.Ps. have neither filed W.V. nor contested the case. The case has proceeded ex-parte against the O.ps.
Point for Decision
- Whether the O.Ps. are deficient in rendering service to the complainant ?
- Whether O.Ps. haveadopted unfair trade practice ?
- Whether the complainant is entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for the sake of brevity and convenience of discussion and as the points are inter related.
We have travelled over the documents on record, namely, Xerox copy of loan certificate, Xerox copy of F.D. Receipts, Xerox copies of money receipts, Xerox copies of provisional allotment letters and other documents on record. It appears that the complainants invested an amount of Rs.5,65,000/- on different dates from 30/04/2009 to 31/10/2012 under different Schemes of the O.Ps. It also appears from the materials on record that O.Ps. took back all the deposit certificates from the complainant for conversion the redemption value into flat value.
It appears that O.ps. failed and neglected to start any construction work of the flat in the Project area. O.ps. have issued just a provisional allotment certificates but did execute any agreement in respect of flat. More so, it is alleged by the complainant that the office of the O.Ps. are under padlock. So it appears that the O.Ps. have usurped the deposited amount of the complainant and have avoided the responsibility of repayment. We think that O.P. parties have resorted to unfair trade practice. We also think that the O.Ps. are deficient in rendering service to the complainant.
None came from the side of the O.Ps. to challenge or controvert the version of the complainant. The recitals of the complainant as stated in the petition of complaint remain 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 is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex-parte but on merit against the O.Ps.
O.Ps. are jointly and severally directed to refund an amount of Rs.5,65,000/- tot eh complainants in respect of investments of the complainants along with redemption value within one month from the date passing this order.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.25,000/- as compensation for causing harassment, mental agony to the complainant within the said stipulated period.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.40,000/- as penal damage for practicing unfair trade to this Forum within the said period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
