Order-10.
Date-13/07/2016.
This is a case relating to unfair trade practice.
The case of the complainant, in short, is that he placed an application for allotment for booking a 2BHK flat being No.A11/3/C Block/Tower BRPBLOCK1/A11 at the 3rd floor along with one car parking space in OP’s project Vibgyor Niketan at Baruipur at a price of Rs.11,93.400/-. Complainant paid a sum of Rs.51,000/- to the OPs and OPs issued one money receipt being No.3337 dated 19-07-2013. Complainant was always willing to pay the residual amount of the consideration price to the OPs, but in spite of lapse of considerable period, the OPs failed and neglected to start the project and the progress of the said project was practically NIL/Zero. Complainant visited OP lastly on 06-01-2016 for refund of money but all efforts are in vain. Hence this case.
OPs have neither appeared in this case nor filed any written version. The case has proceeded ex parte against the OPs.
Points for Decision
Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents namely the request application money receipt of payment, indemnity bond, Bank Statement etc. We find that the complainant made an application for purchase of a Schedule Property of the plaint at a price of Rs.11,93,400/- with OPs and paid booking amount of Rs.51,000/- by way of cheque being no.106783 dated 19-07-2013. It also appears that more than three years has elapsed but the OPs have failed and neglected to the project. Complainant has also alleged that the OPs have fraudulently and dishonestly grabbed the money of the complainant.
None came from the side of the OPs to contradict or controvert the case of the complainant. In absence of any contrary and controverting materials on record and having regard to the materials on record we think that the complainant is entitled to get the relief as prayed for. We are also inclined to hold that the OPs are guilty of practicing unfair trade upon the complainant and public at large.
Hence,
Ordered
That the instant case be and the same is allowed ex parte against the OPs with cost of Rs.5,000/- each.
OPs are directed to refund of booking amount of Rs.51,000/- to the complainant against the flat in question along with interest at the rate of9 percent p.a. within 45 days from the date of this order.
OPs are also directed to pay a sum of Rs.15,000/- to the complainant by way of compensation for mental agony and harassment by the stipulated period of time.
OP are also directed to pay an amount of Rs.1 lakh for practising unfair trade to be deposited to this Forum within the stipulated period of time.
OPs are hereby directed to comply the order within stipulated period of time failing which the complainant will be at liberty to put the order into execution as mandated u/s.25 read with Section 27 of the C.P. Act and in that event OPs will be liable to pay penal interest at the rate ofRs.200/- per diem till full and final satisfaction of the award.
