This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that they vide application No.2679 before the OP/Apni Dharti Developers Pvt. Ltd. for a single storied house having house No.185 under built up area of 400 sq. ft. and a land area measuring about 1080 sq. ft at Jainpur project under the name “Amar Bhuwan” for a total consideration money of Rs.21,14,200/- out of which they paid Rs.41,000/- on 28-01-2014 and Rs.3,30,000/- on 18-03-2014 i.e. total sum of Rs.3,71,000/- by cash to the OP through its money receipts respectively.
The specific case of the complainants is that though the OP/Developer promised to deliver the possession after 24 months from the date of registration/booking as decided by them and accordingly land was booked on 28-01-2014, but till now nothing has been done on the part of the OPs in respect of development for the single storied house in the process of possession, handing over to the complainants. For such delay to complete the construction of one storied house of build up area 400 sq. ft. from the side of the OPs/Developer, the complainants requested them to refund the money. But the OPs did not pay any heed to pay back the consideration money being paid by the complainants.
So, being aggrieved and finding no other alternative the complainants filed this complaint before the Ld. Forum for redressal.
Fact remains that the complainants took all initiatives for serving notices upon the OPs and ultimately considering the entire records, it appears that notice was duly served upon the OPs what is apparent from the postal internet status report as filed by the complainants which is within the record. But anyhow, even after receipt of notices of this case, the OPs did not appear before this Forum. Since, the OPs did not turn up and appeared to defend the the complaint, ultimately for their non-appearance before the Ld. Forum, the case is heard ex parte.
Decision with Reasons
On indepth study of the complaint and on evaluation of the material documents as filed by the complainants, it is found that the complainants deposited a sum of Rs.3,71,000/- vide Application Form-cum- receipts dated 28-01-2014 and 18-03-2014 respectively to the OPs/Developer as an advance consideration money for a single storied house having house no.185 having a built up area of 400 sq. ft. along with the land measuring about 1080 sq. ft. out of total consideration money of Rs.21,14,200/-.
The main contention of the complainants is that the OPs failed to act accordingly to the term and conditions of the booking and even not initiated any construction work to complete the single storied house within the stipulated period as promised by them. But when the complainants requested them through their letter dated 31-05-2014 and 02-07-2014 respectively to return its money after cancellation the booking of House No.185 at Jainpur Project namely “Amar Bhuwan”, the OPs ignored such written requests of the complainants to pay back the money after deducting 30 percent to the complainants. Moreover, the OPs have been enjoying the money received from them and have no sense to give response of those letters being sent to them. Instead of the complainants noticed in the internet as stated by the OPs that the possession would be delivered after 36 months from the date of registration, while it was earlier stated by them to deliver the possession shall be delivered after 24 months from the date of registration as per terms and conditions as undertaken by the OPs. So, such delatory tactics on the part of OPs developer created a great anxiety and suspicions into the minds of the complainants and more over there is no tendency and attempts on their part to deliver the possession as per terms of the conditions, as adopted by the OPs who also have taken the delatory tactics and have not refunded the advance money being paid by the complainants. The inaction on the part of OPs to that effect amounts to deficiency of service and at the same time unfair trade practice.
Since, the complainants entered into terms and conditions with the OPs when OPs failed to perform its obligation within the prescribed time limit, it is no doubt negligent and deficient manner of service on the part of the OPs is proved and thus OPs has violated the provision of u/s.2(1)(g) of the C.P. Act, 1986 and also other provisions.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs with a cost of Rs.10,000/-.
The OPs are directed to refund and pay Rs.3,71,000/- to the complainants along with interest at the rate 10 percent p.a. with effect from 1st April, 2014 and till its full payment.
OPs are directed to comply the order within one month from the date of this judgment failing which per day punitive damages of Rs.200/- shall be assessed till full satisfaction of the decree and if the same is collected, the same shall be deposited to this Forum on proper receipt.
Even if the OPs neglect to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. Act.
