Order-9.
Date-03/08/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants’ case, in short, is that complainants deposited an amount of Rs.14,00,000/- with the OP for Housing Project at Park Avenue, Talwandi Bhai, Tehsil Zeera, Dist-Firozpore, Punjab in the year 2013 but complainants allege that the OP Company did not take any action for construction of work or any development of land of the said project at Firozpore. Complainants have alleged deficiency of service and unfair trade practice against OP Company. The complainants have also prayed for refund of amount of Rs.14,00,000/- as well as compensation and other reliefs in terms of the prayer in the complaint.
Despite service of summons none appeared on the side of the OP Company to contest the case and the case has proceeded ex parte against the OPS.
Point for Decision
- Whether the OPs are deficient in rendering service to the complainants?
- Whether the OPs have indulged in unfair trade practice?
- Whether the complainants are entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. Xerox copy of Aadhar Card, Xerox copy of cancelled cheque being No.666733, 666736, 666732, 666728 and 666735, Xerox copies of Advocate letters on different dates and other documents on record.
From the documents on record it appears that the complainants invested a sum of Rs.14,00,000/- with the OP for housing project at Park Avenue, Talwandi, Bhai, Tehsil Zeers, Dist-Firozpore, Punjab in the year 2013. It is alleged by the complainant that no construction of work of housing project has been started by the OPs. OPs have not undertaken any housing project at the site in question. It is also alleged that OPs are not refunding the invested amount of the complainants in spite of repeated request. We observe with great concern and anxiety that OP Company received an amount of Rs.14,00,000/- from the complainants in the name of the development of housing project at the site in question but OP Company has not started any development work. It appears that OP Company has utilized the amount for their ulterior gain without taking up any construction work at the site in question. Moreover, OPs have not also refunded any amount to the complainants. We think that the conduct and the action on the part of the OPs constitute deficiency in service and unfair trade practice.
None came from the side of the OP Company to challenge the case of the complainants or to contradict the version of the petition of complaint. The Affidavit in Chief filed by the complainants remain unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the materials thereon as filed from the side of the complainants we hold that the OP Company has indulged in unfair trade practice and has been deficient in rendering service to the complainants.
Consequently, the case merits success.
Hence,
Ordered
That the instant case be and the same is allowed ex parte against the OPs.
OPs are directed to refund an amount of Rs.14,00,000/- to the complainants with interest at the rate of9 percent p.a. w.e.f. 19-07-2013 within one month from the date of this order.
OPs are also directed to pay an amount of Rs.50,000/- to the complainants for causing harassment, mental pain and agony apart from litigation cost of Rs.10,000/- within the said stipulated period.
OPs are also directed to pay an amount of Rs.50,000/- to this Forum for indulging in unfair trade practice.
Failure to comply with the order will entitle the complainants to put the order into execution under appropriate provision in C.P. Act.
