DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 31^st day of May, 2023                                                                                                

                          Filed on: 06/03/2020

PRESENT

Shri.D.B.Binu                                                                          President

Shri.V.Ramachandran                                                              Member

Smt.Sreevidhia.T.N                                                                 Member                                                        

CC NO. 107/2020

Between

COMPLAINANT

Rajeev M.B., S/o. M.N. Bahuleyan, 43/218, Souparnika, Kalavath Road, Palarivattom P.O., Cochin 682025.

VS

OPPOSITE PARTIES

P. A. Jinas, Managing Director. Galaxy Homes Pvt. Ltd., Galaxy Square, Rajaji Road Junction, M.G. road, Cochin 682035.

FINAL ORDER

Sreevidhia T.N., Member:

1. A brief statement of facts of this complaint is as stated below:

The complainant had paid an amount of Rs.2,70,000/- to the opposite party as booking advance for an apartment in Galaxy Bridgwood apartment at Kadavanthra, Ernakulam. The complainant had booked an apartment No. G7 with a super built up area of 409 sq. feet (1BHK apartment) in the 7^th Floor, Block I with a car park on the cellar floor. The construction work of the apartment was not competed within time. Hence the complainant had requested the opposite party to cancel the booking of the flat and to reimburse an amount of Rs.2,70,000/- since the complainant is not in a position to invest much amount in the property and since the property value has come down after the demonetization. No reimbursement was received to the complainant. Opposite party assured the complainant that within 3-6 months the advance amount will be refunded to the complainant. The opposite party has not reimbursed the advance amount to the complainant. Hence this complaint.  

2. Notice.

Notice was issued to the opposite party from this Commission on 10/03/2020. Despite the service of notice from this Commission the opposite party opted not to contest the matter for their own reasons.

3. Evidence

Evidence in this case consists of the documentary evidence filed by the complainant which are marked as Exbt. A1 to A12 on the complainant’s side. Heard the complainant

4. Issues come up for consideration in this case are as follows:

1. Whether the complainant is entitled to get refund the booking amount of the apartment from the opposite party?
2. Whether the opposite party is liable to pay compensation and costs to the complainant?

For the sake of convenience we have considered issue No. (1) and (2) together.

In this case the complainant had booked an apartment No. G7 of the opposite party with a super built up area of 409 sq. feet in the 7^th floor of the apartment as evidenced by Exbt. A1. Complainant had paid Rs.2,70,000/- to the opposite party which is revealed as per Exbt. A2 and A3 receipts issued by the opposite party. The complainant had requested the opposite party to cancel the booking of the apartment and to reimburse the booking amount as per Exbt. A5 e-mail. The opposite party had demanded another Rs.6,00,000/- from the complainant since the amount was due on 30/11/2016 which was evidenced by Exbt. A7, e-mail. As per Exbt. A8 the complainant had sent another e-mail to the opposite party asking to release the payment at the earliest. The opposite party in their reply e-mail dated 24/07/2018 at 6.02 pm, assured that the cancellation refund of the flat No.G7 Galaxy Bridgewood will be refunded within 3-6 months as agreed over phone on 17/07/2018. As per Exbt. A9 the complainant has demanded to release the cancelation amount at the earliest. Exbt. A11 is the sale agreement dated 28/03/2016. Exbt. A12 is the construction agreement executed between the complainant and the opposite party on 28/03/2016.

We have perused all the documents. From the available documents filed by the complainant it is evident that the complainant had sent e-mail communications to the opposite party requesting the refund of the amount already paid by the complainant. Opposite party also offered refund of the booking amount to the complainant within 3-6 months via Exbt. A9 e-mail. But the booking amount was not refunded to the complainant.

In this instant case, the opposite party has failed to appear before the Commission to content the case and hence no evidence adduced by the opposite party. In the absence of valid evidence from the side of the opposite party the case of the complainant is proved in favour of the complainant. The opposite party’s conscious failure to file their written version inspite of having received the Commission’s notice to that effect amounts to admission of the allegations levelled by the complainant against the opposite party. The Hon’ble National Commission in its orders cited 2017 (4) CPR Page 590 (NZC) held a similar stance.

So we are of the opinion that the case of the complainant is to be allowed, since deficiency of service is proved from the side of the opposite party towards the complainant. The complainant had to suffer huge mental agony, pain and other hardships due to the deficient action of the opposite party.

In the result, the following orders are passed:

1. We direct the opposite party to refund Rs.2,70,000/- (Rupees two lakhs seventy thousand only) to the complainant.
2. We direct the opposite party to pay Rs.25,000/- (Rupees twenty five thousand only) as compensation to the complainant.
3. We direct the opposite party to pay Rs.3,000/- (Rupees three thousand only) as cost of proceedings to the complainant.

The above order shall be compiled with within 30 days from the date of acceptance of a copy of this order failing which the amount vide Order (1) shall carry interest at 6% per annum from the date of order till realization.

Pronounced in the Open Commission this the 31^st day of May, 2023.

Sreevidhia.T.N, Member

D.B.Binu, President

Assistant Registrar

APPENDIX

Complainant’s evidence:

Exbt. A1:    Copy of letter received from the opposite party

Exbt. A2:    Copy of receipt dated 21/03/2016

Exbt. A3:    Copy of receipt of booking dated 18/03/2016

Exbt. A4:    Copy of e-mail communication between parties

Exbt. A5:    Copy of e-mail communication between parties

Exbt. A6:    Copy of e-mail communication between parties

Exbt. A7:    Copy of e-mail communication between parties

Exbt. A8:    Copy of e-mail communication between parties

Exbt. A9:    Copy of Driving licence

Exbt. A10:  Copy of e-mail communication between parties

Exbt. A11:  Copy of agreement

Opposite parties’ evidence

Nil

Despatch date:

By hand:     By post                                                  

kp/

CC No. 107/2020

Order Date: 31/05/2023