Per Shri A.Z.Khwaja, Hon’ble Judicial Member.

1)       Complainant has filed the present complaint Under Section 17 of Consumer Protection Act 1986 for refund of consideration amount alongwith interest. Short facts leading to the filing of the present complaint may be narrated as under :- 

2)      Complainant Vijay Mamarde claims to be a resident of Shankar Nagar Road, Amravati. Opposite party namely ‘Amarsukh Builders’ was engaged in the construction of buildings and apartments and was having office at Amravati. Opposite party had floated scheme to  construct and thereafter sell furnished apartments/flats with a promise to complete the same in 11 months from the date of Contract. The said flats were to be constructed on Filed Survey No.26(1) of Mouza-Rajapeth, Badnera, Amravati and the proposed Apartments was to be know as “Veer-Arjun Residency”. Complainant therefore approached the Opposite party for purchase of two apartments/flats Nos. as 201 and 202 with built up area of 950 sq.ft. each. Complainant has alleged that the Opposite party had agreed to  complete the building construction within 11 months by 17/12/2018. Complainant therefore purchased two flats/apartments and also paid consideration of Rs. 80,00,000/- in the manner as shown in the agreement dated 17/01/2018. Agreement was duly signed by the complainant as well as Opposite party and Opposite party had  agreed to deliver the possession within 11 months. Complainant has alleged that the Opposite party did not complete the construction as  promised within 11 months and did not execute the sale deed despite having received entire amount of consideration and so complainant issued notice to Opposite party on 20/12/2018, but the same was refused by the Opposite party. Complainant  then came to know that he has been cheated by the Opposite party and money has been  extracted on the basis of false promise. Complainant also came to know that the building proposed to be constructed was also not duly registered with Real State (Regulation and Development Act) 2016 and other rules. Complainant was therefore left with no other option but to file the Consumer Complaint for deficiency in service on the part of Opposite party under section 12 of Consumer Protection Act  1986. Complainant has also claimed refund of Rs.80,00,000/- alongwith interest @18% p.a.

3)      After filing of the complaint notice was issued to the Opposite  party and the same was duly served, but Opposite party failed to  appear and has failed to file written statement and so complaint proceeded ex-parte against the Opposite party.

4)      We have heard Shri Agnihotri, learned advocate for the complainant and also gone through the written notes of argument filed by complainant. No one has appeared for Opposite party, but  Opposite party has filed written notes of argument and we have gone  through the same. At the out set Shri Agnihotri, learned advocate for complainant has drawn our attention to documents on record namely copy of agreement dated 17/01/2018 which is duly signed by the complainant and Opposite party. Bare perusal of the agreement  shows that the complainant had entered into an agreement for purchase of two apartments/flats and had also handed over cheques of Rs.54,00,000/- and 24,00,000/- to Opposite party. Opposite party had also agreed to hand over the possession of the  apartments/flats within a period of 11 months. Complainant has further also placed on record one copy of statement of accounts regarding payment of consideration of amount. Further complainant has also filed on record one copy of the notice addressed to the Opposite party and the  same is duly received. On the basis of these documents, learned advocate for complainant Shri Agnihotri has submitted that the Opposite party had failed to complete the construction and had also  failed to execute the sale deed. But the complainant was no longer interested in execution of sale deed and would be satisfied if the amount of Rs.80,00,000/- paid by the complainant is refunded alongwith interest @ 18% p.a. from the date of filing of the complaint. It is submitted by Shri Agnihotri, learned advocate for complainant that from the documents on record it is amply clear that the Opposite  party who was builder had failed to hand over possession despite receiving the payment and so had committed deficiency in service as well as Unfair Trade Practice as defined under the Consumer Protection Act 1986.

5)      Shri Agnihotri, learned advocate for complainant has further submitted that the complainant has also prayed for refund of entire amount of consideration of Rs.80,00,000/- alongwith interest @18% p.a., looking to the fact that the Opposite party has not completed  the construction and also not handed over the possession within  the stipulated period as per terms and conditions. We have also gone through the written notes of argument filed on record by the Opposite party.

6)        It is crystal clear that Opposite party had accepted the amount  of Rs.80,00,000/- and had failed to fulfil the terms of contract. During the course of argument Shri Agnihotri learned advocate for complainant has also relied upon series of judgments of Hon’ble National Consumer Commission and Hon’ble Supreme Court as under ;

       i)          of M/s.Singla Builders and Promoters……V/s……Aman

            Kumar Garg, delivered by Hon’ble National Commission on

            16^th October 2017.

2. Pioneer Urban Land and Infrastructure Ltd…….V/s……Govindan Raghavan, delivered by Hon’ble Supreme Court of India in Civil Appeal No.12238 of 2018 on 02/04/2018, with Pioneer Urban Land and Infrastructure Ltd…….V/s……Geeta Gidwani Verma and anothers, delivered by Hon’ble Supreme Court of India in Civil Appeal No.167 of 2019 on 02/04/2018.
3. Udayan Garg and another…..V/s…..Godrej Premium Builders Pvt.Ltd, delivered by Hon’ble National Consumer Commission on 16/04/2019
4. Udayan Garg and another…..V/s…..Godrej Premium Builders Pvt.Ltd, delivered by Hon’ble National Consumer Commission in Consumer Case No.3598 of 2017 on 16/04/2019

7)      We have gone through all these judgments on which reliance is placed and in all these judgments interest was awarded from the date of payment of each instalment. Accordingly, we hold that the complainant is not only entitled for refund of the entire consideration of Rs.80,00,000/- but also entitled for refund of the amount alongwith interest from the date of filing  of complaint till the date of realisation of entire amount. However, we find that the complainant has claimed interest @18% p.a, but it seems to be on a higher side. Accordingly we hold that the Opposite party has committed Unfair  Trade Practice as well as deficiency in service. We also hold that complainant is entitled for an amount of Rs.25,000/- by way of mental and physical harassment and Rs.10,000/- towards cost of litigation. Accordingly we proceed to pass the following order.   

  //ORDER//

i.        Consumer Complaint is hereby partly allowed.

ii.       Opposite party is hereby directed to pay an amount of Rs.80,00,000/- to the complainant along with interest  at the rate of 15% p.a. from the date of filing of complaint  till  the date  of  realization of entire amount.

iii.      Opposite party is also directed to pay to the complainant compensation of Rs.25,000/-  towards  physical and mental  harassment caused to the  complainant.

iv.      Opposite party is further directed to pay litigation cost of Rs.10,000/- to the complainant.  

v.       The payment of the amount in compliance of the above order shall  be made in the span of two months  from the receipt  of the copy of the order by the Opposite party.

vi.      Copy of order be furnished to both the parties free of cost.