IMPORTANT POINT
State Commission opined on deficient services on part of Opponents.

ORDER (ORAL)

D.R. Shirasao, Judicial Member—Complainant has filed this consumer complaint for getting possession of row-house property from opponent or in alternative refund of amount deposited by complainant for purchasing the same.

[2] Brief facts of the case are as under:-

Opponent had agreed to sell a row-house property bearing no.27 in Type A floor having carpet area of 1282 sq.ft. situated in the village Pisoli, Tal and Dist.Pune for total consideration of Rs.50 lacs (Rs.Fifty Lacs only) to complainant. In that respect, opponents had executed Memorandum of Understanding (MOU) on 22/09/2015 in favour of complainant. Complainant had deposited an amount of Rs.5 lacs (Rs.Five Lacs only) at the time of booking the row-house. It is the contention of complainant that up till now opponents have not developed this property and have not started construction of the row-house. In view of the same, it is the contention of complainant that opponents have given deficient services to him and complainant is entitled to get possession of row-house or in alternative refund of amount deposited by complainant for purchasing the same.

[3] Notice of the consumer complaint was served on the opponents through Commission. However, no one appeared on behalf of opponents in the proceedings. Hence, consumer complaint proceeded ex-parte against the opponents.

[4] Complainant has filed affidavit of evidence in support of his contention along with documents and brief notes of written arguments. On perusal of the same, it has become clear that opponents had agreed to sell a row-house property bearing no.27 in Type A floor having carpet area of 1282 sq. ft. situated in the village Pisoli, Tal and Dist. Pune for total consideration of Rs.50 lacs to complainant. Opponents had accepted an amount of Rs.5 lacs from complainant as booking amount. In that respect, opponents had executed Memorandum of Understanding in favour of complainant on 22/09/2015. Copy of MOU is filed on record. Complainant has produced receipts in respect of payment of amount of Rs.5 lacs made to opponents on record. It appears that opponents have not started with construction of row-house and has not handed over row- house to complainant as agreed. In view of the same, opponents have given deficient services to complainant. During the course of arguments, complainant submitted that as there is no construction of the property on the said land, now complainant is not interested in taking possession of the property and is only interested in refund of amount paid to the opponent. From the documents filed on record, it has become clear that complainant has paid an amount of Rs.5 lacs to opponents. Hence, complainant is entitled to get the same from opponents along with interest on that amount along with costs and compensation. In view of the same, we proceed to pass the following order.

ORDER

1. Consumer complaint is hereby partly allowed subject to costs of Rs.25,000/- to be paid by opponents to complainant.

2. Opponents are hereby directed to refund an amount of Rs.5,00,000/- (Rs. Five Lacs only) to complainant along with interest @12% p.a. from the date of payment of that amount by complainant to opponents till realization of the amount from opponents.

3. Opponents are hereby directed to pay compensation of Rs.1 lac (Rs. One lac only) to complainant.

4. Amount of costs and compensation be paid by opponent to complainant within a period of one month from passing of this order, otherwise the amounts will carry interest @12% p.a. from the date of passing of this order till realization of amount by complainants.

Complaint partly allowed.