Order-9.

Date-08/06/2016.

This is an application u/s.12 of the C.P. Act, 1986.

           By filing this complaint complainant has alleged that he was interested to purchase a plot of land to construct a house through Promoter/Developer when from a wide advertisement he came to learn that OP has launched a project for that purpose and so he talked with OP and applied for purchasing a plot of land at a total consideration of Rs.3,92,000/- and out of that complainant initially paid Rs.80,000/- and then paid Rs.78,000/- as booking amount and after that an agreement was e3xecuted by and between the parties on 05-03-2013 and as per terms balance amount shall be paid before execution and registration of the deed and after that another Rs.91,000/- was paid to the OP and asked OP to hand over all copies of document related to that land and project about its valid title etc. and OP assured that same shall be handed over shortly but that have not been handed over as yet though a sum of Rs.2,49,000/- has already been paid out of total amount of Rs.3,92,000/-.

          In the meantime complainant visited the project site and found that there is no sign of any project and development and being anxious he requested the OP to resolve the problem and to hand over possession but OP refused to do the same when finding no other alternative and also considering OPs deceitful manner of trade by a demand letter OP was asked to refund the entire paid up amount with interest after cancelling the said agreement but OP even after receipt of the said letter on 25-08-2015 did not respond.

          In the above situation considering the OP’s negative attitude and manner of adopting unfair trade ad deceitful manner of trade and also for proper redressal the present complaint is filed against the OP.

          On the other hand, the notice of the complaint was duly served upon the OP on 15-04-2016 but OP did not turn up to contest so case is heard ex parte.

Decision with Reasons

On indepth study of the complaint and also the money receipts six in numbers of different dates from 30-10-2012 to 28-02-2013 it is found that complainant paid Rs.78,000/- during that period and also paid Rs.80,000/- by another money receipt dated 24-08-2012.

          Further from the agreement to sale dated 05-03-2013 it is found that there is a valid agreement to sale executed by the OP in favour of the complainant.

          Moreover, from other seven money receipts dated 24-03-2013 to 03-12-2013 issued by OP it is proved that complainant further paid Rs.91,000/- to the complainant so on calculation it is proved that complainant has paid up to this stage a sum of Rs.2,49,000/- out of total sum of Rs.3,92,000/-.  It is also fact that complainant did not find any sort of work or development in the project site as yet.  So, he submitted a prayer for cancellation of agreement on 25-08-2015 which was received by Sanjib Kumar on behalf of the OP but no positive action is taken by the OP and said amount with interest is not also paid as yet.

          Truth is that matter was dealt with by CA&FBP for settlement but OP even after receipt of notice did not turn up so the settlement matter also failed and when complainant being instructed by Authority of the CA&FBP lodged this complaint for redressal.

          Considering the above materials and also payment of Rs.2,49,000/- by the complainant to OP and further agreement to sale dated 05-03-2013 we are convinced to hold that no doubt present OP has adopted unfair trade practice and deceived the complainant by not performing part performance and at the same time deceived huge number of customers in such a fashion and it is proved by the unchallenged testimony of the complainant that no such project of the OP is visible at the disputed project site, so OP’s entire conduct is negligent and deficient in manner and for OPs deceitful manner of deal complainant has been suffered mentally and physically and also financially and no doubt the allegations as brought by the complainant against OP is proved beyond any manner of doubt for which complaint succeeds ex parte.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with cost of Rs.10,000/-.

          OP is directed to refund and pay a sum of Rs.2,49,000/-(booked amount received by the OP) to the complainant and also to pay interest  at the rate of12 percent p.a. over the same with effect from 05-04-2013 nd till its full payment to the complainant.

          For adopting unfair and deceitful manner of trade and also for harassing the complainant in such a manner and also for causing mental pain and agony OP shall have to pay a compensation of Rs.30,000/- to the complainant.

          For adopting unfair practice and deceitful manner of trade and to deceive the public at large, OP is imposed penal damages of Rs.50,000/- to this Forum and if it is collected it shall be deposited to this Forum.

          OP is directed to comply the order very strictly within one month from the date of this order failing which OP shall be prosecuted u/s.25 read with Section 27 of the C.P. Act which further penalty and fine shall be imposed.