Hon’ble Mr. Ajeya Matilal, Presiding Member
The Ld. Advocate for the complainant is present and files BNA. None appears for the OP. Heard the Ld. Advocate for the complainant. This is a case u/s 12 of C.P. Act, 1986.
This claim is valued at Rs. 29,00,000/-.
The fact of the case is in short like that the complainant with an intention to purchase a flat entered into an agreement with the OP who is a promoter running his proprietorship business under the name and style M.S.A. construction in respect of one South East Facing flat measuring 1000 sq. ft. @ 4000 sq. ft. on 3rd floor of premises no. 25 E Meherali Mondal Street P.S Ikbalpur, Kolkata 700027. The complainant paid Rs. 24,00,000/- as the booking amount in respect of the said flat mentioned in the schedule and the OP issued money receipts in favour of the complainant on 21.11.2015. But the payments were made on different dates. Subsequently, the complainant came to know that the aforesaid construction of the premises is unauthorised without any sanctioned plan. So, the complainant asked the OP to refund the booking amount. But the OP avoided to pay the same. The complainant reported the matter to Ikbalpur P.S and commissioner of police on 29.11.2018. Finally, both parties executed a MOU on 09.01.2019 whereby the OP agreed to pay the entire booking amount with interest @ 7% p.a. for 17 months within 31.03.2019. On 01.05.2019 the complainant and his relative went to a house of the OP to claim their dues. But the OP did not refund the same. So, the complainant filed this case with a prayer for refund of Rs. 24,00,000/- compensation, litigation costs and other reliefs. The complainant adduced his evidence by way of affidavit as PW1.
It appears from money receipt cum booking agreement that there was an agreement for sale dt. 21.11.2015 that the complainant paid Rs. 24,00,000/- in total. It also appears that the OP failed to deliver the possession of the said flat.
It appears from the MOU dt. 09.01.2019 that the OP undertook to refund of the entire advance / booking amount of Rs. 22,00,000/- with 17 months banking interest @ 7% p.a. to the complainant within 31st March, 2019. But the OP failed to make payment within the stipulated period. So, the complainant filed this case.
The OPs did not appear in this case. The complainant adduced his evidence on affidavit.
Our attention was drawn to the money receipt cum booking agreement, letter of the complainant addressed to the Commissioner of Police and O.C Ikbalpur P.S dt. 29.11.2018 reporting the matter and finally the MOU dt. 09.01.2019.
So, it appears from this discussion that the complainant is a consumer and there is cause of action to file the case. There is deficiency in service on the part of the OPs. So, the complainant is entitled to relief.
So, the case success.
Hence it is ordered
The complainant case being No. 414/2019 is allowed ex parte against the OP with a litigation cost of Rs. 30,000/- against the OP. The OP is directed to refund Rs. 24,00,000/- being the booking amount togetherwith an interest @ 7% p.a. from the date of payment till realisation of entire amount within 60 days from the date of this order, failing which, the complainant will be at liberty to put the order into execution.
