Order-10.
Date-30/10/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that being allured by the advertisement regarding a project of Vibgyor Group in Bengali News Paper in the year 2012 complainant filled an application form vide No.880426 and 880428 dated 22-05-2012 and 04-02-2012, one of them for Rs.10,000/- as booking money and another is for Rs.76,500/- as 20 percent of the total valuation of the flat for purchasing of a studio flat of the building as described in Schedule C of the copy supplied to the complainant being the agreement of sale.
The flat for which the complainant had paid the above stated sum for purchasing at 3rd floor, flat No.1C/3/D, Tower1, SBU Area 287.5 sqft. under the project named Gunjan at Barasat, 24 Parganas(N). Complainant informed to Vibgyor Housing Ltd. regarding cancellation of above stated flat due to her financial problem. Under the circumstances, the complainant had to cancel the booking agreement by sending letter dated 09-09-2014 with the demand to return the advance money, sum of Rs.86,500/- paid for purchasing the said flat. Complainant had lodged a complaint dated 26-12-2014 and issued complaint no.186/14-15 dated 13-01-2015 against the OP in the office of the Assistant Director, CA&FBP and complainant received a memo from Assistant Director, CA&FBP against complaint no.186/14-15. Complainant lodged complaint against Vibgyor Housing Ltd. in Burtala P.S. Kolkata – 700 006 dated 16-05-2015 but in spite of cancellation of booking agreement dated 22-05-2012 the OPs have not returned the said money or any part of portion or portion thereof and interested hence this case is filed for relief.
Notices were duly served upon the OPs but OPs are found absent on call and no step was taken for which the case is heard ex parte.
Decision with Reasons
On careful consideration of all the documents and materials and further considering the evidence in chief of the complainant which is unchallenged testimony of the complainant and also relying upon the application form and details of applicant it is found that complainant filled such application praying for purchasing one flat and from the receipt granted by Vibgyor Housing Project of Vibgyor Group vide receipt No.218 dated 22-05-2012, 325 dated 02-06-2012 it is evident that complainant paid in total Rs.86,500/- that is Rs.10,000/- on 22-05-2012 and Rs.76,500/- on 02-06-2012. Most interesting factor is that OP received the notice of this complaint and they had their own right to contest the case by denying the allegation of the complainant and about payment of such amount against booking amount of flat and also receipt which was produced by the complainant because Vibgyor Housing has appeared before this Forum in so many cases and accepted the allegation but paid the amount by instalment. Particularly, in this case Vibgyor Housing Company has not appeared in this case. They have their no intention to pay the said amount at the same time the fact remains Vibgyor Housing by taking such procedure collected more than Rs.300 crores from the intended purchasers and had not constructed single building delivery or for selling to the intended purchaser for whom they already received huge money as booking amount and considering the above conduct of the OPs we are convinced that they have deceived the complainant in many manner and cancellation was made by the complainant when complainant found that there was no construction not even there is any construction shows in the area.
Truth is that Vibgyor Housing has not been constructing any building at any place or any project for last 3 years but in the mean time they have collected huge amount from the intended purchasers by deceiving the purchasers like the complainant and complainant is one of them who is being deceived by the present OP.
Taking into consideration of the above materials and findings we are convinced that the OP has adopted unfair trade practice already and their directors are already in the jail being arrested by ED and CBI and practically more than 600 crores have been seized by the CBI at different bank account of Vibgyor Group. But anyhow the Vibgyor Groups are trying to sell out their landed properties but that has also been detained by the court’s order. Now, the Vibgyor are not appearing before the
Forum to contest the case because their purpose is already served that is to deceive the customer at random.
In the light of the above observation and considering the unfair trade practice as adopted by OPs and also for not refunding the amount of Rs.86,500/- as booking amount we are convinced that complainant has been harassed by the OPs and in the mean time complainant suffered huge financial loss and interest that OPs are legally bound to refund it and for which complainant is entitled to banking interest at the rate of9 percent over the same since 02-06-2012 and further entitled to compensation and litigation cost.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs.
OPs are directed jointly and severally to refund the entire booking amount of Rs.86,500/- along with interest at the rate of9 percent p.a. over the same with effect from 02-06-2012 till its full payment to the complainant.
For harassing the complainant and for causing mental pain and agony to the complainant OPs jointly and severally shall have to pay compensation to the extent of Rs.25,000/- to the complainant.
For adopting unfair practice at random and to check such sort of activities of the OPs in the market OPs are imposed punitive damages to the extent of Rs.25,000/- to this Forum.
OPs are directed jointly and severally to comply this order very strictly within one month from the date of this order failing which penal damages at the rate ofRs.200/- shall be assessed till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
